UNION OF INDIA Vs. THE PRESENT TRUSTEE SRI LA SRI KANAGASABAI SWAMIGAL (MADADHIPATHI) AMBALATHADUM SWAMIGAL MADAM

JUDGEMENT

(1.) This first appeal at the instance of the Government of Union Territory of Puducherry challenges the Award dated 15 October, 2015 in L.A.O.P. No.13 of 2010 on the file of the II Additional District Judge, Pondicherry on the ground that the Reference Court enhanced the market value without the support of documents indicating higher value in the locality in question. The Facts

(2.) The Government of Puducherry acquired 00.56.73 Hectares of land at Embalam Revenue Village in Bahour Taluk, Puducherry for providing free house sites to the landless labourers. The State invoked urgency clause under sub-section (4) of Section 17 of the Land Acquisition Act. The notification under Section 4(1) was approved by the Government vide G.O.Ms.No. 59 dated 12 December, 2003. It was followed by a declaration under 6 of the Land Acquisition Act in G.O.Ms.No. 69 dated 20 February, 2004. The Collector fixed the land value at the rate of Rs.21,520/- per Are. The possession of the land was taken on 12 August, 2004, after paying 80% of the compensation. Thereafter, Award was passed on 12 September, 2005.

(3.) The Land Acquisition Officer, pursuant to the request made by the respondent referred the matter to the District Court under Section 18 of the Land Acquisition Act. Before the Reference Court, the respondent produced Exhibits P1 and P2 to prove the land value in the locality in question. The Reference Court on verification of documents found that the land covered in those documents were far away from the acquired land. The Reference Court ultimately fixed the land value at Rs.100/- per sq.ft., Submissions