SPECIAL TAHSILDAR Vs. PACHIAMMAL

JUDGEMENT

(1.) THIS appeal has been directed against the Judgment and Decree, dated 14.11.1995 made in L.A.O.P.No.14 of 1994 on the file of the Land Acquisition Tribunal/Additional Sub-court, Salem.

(2.) IT is an admitted fact that an extent of 0.98 acres of un-irrigated dry land in S.No.11/9B in Nallikalpatti village belonged to the first respondent Pachiammal and an extent of 0.49 acres of un-irrigated dry land in the same survey number and village belonged to the second respondent Pavayammal were acquired by the Special Tahsildar (ADW), Salem for providing house sites to Adi Dravidars. For the aforesaid land acquisition proceedings, Notification under Section 4(1) of the Land Acquisition Act was published in the official Gazette on 06.05.1992. After enquiry, the appellant/Land Acquisition Officer had fixed the market value of the land at Rs.37,843/- per acre. The respondents received the amount of compensation under protest and at their request, the matter was referred under Section 18 of the Land Acquisition Act, 1894.

(3.) MR. V. Ravi, learned Special Government Pleader (AS) appearing for the appellant vehemently contended that the Tribunal, without considering the sales statistics and other documents has fixed the market value of the land at Rs.5/- per sq.ft and after deducting 1/3rd towards developmental expenses, arrived at Rs.3.50/- per sq.ft. It being an agricultural land, according to the learned counsel appearing for the appellant, the trial court could have decided the market value per cent or acres and not in sq.ft.