LAWS(MAD)-2008-3-148

SPECIAL TAHSILDAR ADI DRAVIDA WELFARE Vs. AYYAKKANNU

Decided On March 05, 2008
SPECIAL TAHSILDAR ADI DRAVIDA WELFARE Appellant
V/S
AYYAKKANNU Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree made in L.A.O.P.No.121 of 1991 dated 11.07.1996 on the file of Land Acquisition Tribunal, Court of Subordinate Judge, Krishnagiri.

(2.) IT is an admitted fact that the lands in s.Nos. 98/2A2A, 98/2A3A and 102, a total extent of 2.57.5 hectares of lands belonged to the respondents herein where acquired by the appellant/Special Tahsildar, Adi Dravida Welfare, Krishnagiri for the purpose of proving house sites for Adi Dravidas. IT is seen from the records that for the land acquisition proceedings notification under Section 4(1) of the Land Acquisition Act was published on 20.11.1987. After enquiry, the land Acquisition Officer had fixed the market value of the acquired land at Rs.9,434/-per acre. The respondents received the compensation amount under protest and at their request the matter was referred to under Section 18 of the Land Acquisition Act.

(3.) PER contra, Mr. S.K. Chandran submitted that the documents marked as Exs.C1 to C3 are the sale deeds relating to similarly placed lands and all the sales referred to in the documents had taken place prior to the date of 4(1) notification and therefore there is nothing wrong in considering those documents in fixing the market value of the acquired land and further the Land Acquisition Tribunal has reduced the market value by deducting an amount towards developmental charges. Under such circumstances, the compensation fixed by the Land Acquisition Tribunal is no way exorbitant.