VENKAMMAL Vs. SPECIAL TAHSILDAR A D W

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree in LAOP.No.21 of 1991 dated 25.07.1995 on the file of the Land Acquisition Tribunal, Subordinate Court, Tindivanam.

(2.) THE claimants in the LAOP are the appellants. It is not in dispute that an extent of 1.47.5 hectares of land in R.S.No.151/8A and R.S.No.152/5 situated in Dadapuram village, Tindivanam Taluk was acquired by the respondent for the purpose of providing house sites for Adi -Dravidars. For the land acquisition proceedings, Notification under Section 4(1) of the Land Acquisition Act, was published in the Government Gazette on 06.02.1985. After enquiry, the land acquisition officer fixed the market value of the land, at Rs.60/ -per cent. The appellants herein being the owners of the acquired land, received the compensation under protest and on their request the matter was referred under Section 18 of the Land Acquisition Act to the Land Acquisition Tribunal.

(3.) MR .G.Jeremiah, learned counsel appearing for the appellants submitted that the Tribunal has not legally considered the LAOP based on the evidence available on record, but dismissed the LAOP, though there was no acceptable evidence to substantiate the award passed by the Land Acquisition Officer. The Learned counsel appearing for the appellant also drew the attention of this Court to the evidence of C.W.1, and the document marked on the side of the claimants. Ex.A1, is the copy of the sale deed, dated 12.01.1984, whereby an extent of 1431 sq.ft. of land in S.No.232/61 was sold for the market value of Rs.5160/ - per cent. Under Ex.A2, dated 06.02.1985, on the date of 4(1) notification, a smaller extent of 96 sq.ft. of land was sold, stating the market value at the rate of Rs.480/ -, which was not considered by the Tribunal.