SPECIAL TAHSILDAR ADW Vs. RAMKUMAR

JUDGEMENT

(1.) THE appeal and the cross objection are directed against the judgment and award of the learned Subordinate Judge, Cuddalore dated 11.4.1997 made in L.A.O.P. No.108 of 1993. THE State through the Referring Officer has preferred Appeal Suit No.966 of 1997 challenging the award of enhanced compensation whereas the claimant has preferred cross objection No. 58 of 1998 challenging the said award contending that the amount awarded by the Court is inadequate and claiming further enhancement of compensation.

(2.) AN extent of 4.01 acres comprised in Survey Nos.63/3B and 63/5B belonging to the claimant (respondent in appeal/cross objector) was sought to be acquired by the Government for a public purpose i.e. for providing house sites to the members of Adhidravida community in Varakkalpattu village, Cuddalore Taluk, Cuddalore District. The draft notification under Section 4(i) of the Land Acquisition Act was approved by the Government on 30.8.1993 and the same was published in the official gazette on 2.11.1983. After conducting enquiry under Section 5-A of the Land Acquisition Act, the Government rejected the objections and decided to proceed with the acquisition. Accordingly, after making necessary declaration under Section 6 of the Land Acquisition Act and publishing the same in the official gazette, enquiry under Section 11 was conducted and ultimately the Land Acquisition Officer passed an award in Award No. 11 of 1983-84 dated 25.8.1984, awarding compensation taking the market value of the property as on the date of 4(1) notification as Rs. 11.000/- per acre (Rs.27,170/- per hectare). As the claimant (respondent in the appeal/cross objector) was not satisfied with the quantum of compensation awarded by the Land Acquisition Officer, he made a request to the Land Acquisition Officer to make a reference to the Court under Section 18 of the Land Acquisition Act for determination of reasonable compensation for the land acquired. Accordingly, a reference under Section 18 of the Land Acquisition Act was made to the Court of the learned Subordinate Judge, Cuddalore wherein it was taken on file as L.A.O.P. No.188 of 1993. The said Court received the claim statement of the claimant (respondent/cross objector) and the objection filed by the Referring Officer (appellant in the appeal).

(3.) THE following points have arisen for consideration commonly in both the appeal and the cross-objection:-1. Whether the compensation awarded by the Court below is excessive requiring downward revision as claimed by the appellant?. 2. Whether the compensation award by the Court below is inadequate requiring upward revision as claimed by the respondent/cross objector?-