DHARMALINGAM Vs. SPECIAL TAHSILDAR LAND ACQUISITION

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree made in L.A.O.P.No.195 of 1992 dated 30.07.1996 on the file of Subordinate Judge, Krishnagiri.

(2.) IT is admitted that an extent of 14 cents of land in S.No.15/5A2 classified as dry land in Gurugapatti village, Uthangarai Taluk was acquired for the construction of a departmental buildings for Telephone Exchange and Staff Quarters. IT is seen that notification under Section 4(1) of the Land Acquisition Act, was published in the Official Gazattee on 24.04.1989. As per the award Ex.B1, the respondent, Special Tahsildar, Land Acquisition, Krishnagiri, after conducting enquiry, had fixed the market value of the acquired land. However, in the award, the respondent has stated the market value of the acquired land at Rs.17,000/-per acre, but fixed the market value for the acquired 24 cents of land at Rs.81,600/- and also added 30% additional amount of Rs.24,480/- and as such estimated the total compensation at Rs.1,06,080/-. The appellant herein received the award amount under protest and at his request the matter was referred to under Section 18 of the Land Acquisition Act.

(3.) ON the side of the appellant/claimant documents relating to the sale of similarly placed lands, prior to the date 4(1) notification have been marked. According to the learned counsel for the appellant, the market value was fixed by the Tribunal, without any basis. It was further contended that as per the award Ex.B3, the land acquisition officer, based on the document No.1575/88 dated 12.12.1988, has stated that 0.05 acres of land, in S.No.15/7B had been sold for Rs.17,000/- and accordingly fixed the market value. However, in the award, the land acquisition officer erroneously took the market value at Rs.17,000/-per acre instead of 5 cents for the value of Rs.17,000/- and fixed the compensation, to be paid with solatium additional amount and interest though the market value should have been fixed at Rs.81,600/-. It is seen that neither the claimant nor the respondent had produced the aforesaid document viz., sale deed, document No.1575 of 1988 dated 12.12.1988. Further, the land acquisition officer has stated that the sale consideration for 5 cents of land is Rs.17,000/-, in Ex.A3 letter dated 24.04.1989. However, the Land Acquisition Officer, as per the Topo sketch, Ex.B3 has taken the data sale deed relating to the land in S.No.91, which is far away from the acquired land and therefor fixing the market value on the basis of the said data land cannot be construed as just and reasonable.