SPECIAL TAHSILDAR LAND ACQUISITION Vs. R NAGABOOSHANAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree (award) dated 04.07.1996 of the learned Subordinate Judge, Ranipet made in L.A.O.P.No.48/1994.

(2.) THE State has filed the appeal through the Special Tahsildar (Land Acquisition), Adhi Dravidar Welfare, Wallajah, (the Referring Officer) against the award of the said court directing payment of enhanced compensation.

(3.) BEFORE the Land Acquisition Officer and before the court below, the respondent herein/claimant wanted the market value of the acquired property to be fixed at the rate of Rs.2,000/- per cent. On the other hand, the Referring Officer had contended before the court below that what was awarded by the Land Acquisition Officer was perfectly reasonable and no enhanced compensation should be awarded. Based on the said pleadings, the court below conducted trial in which two witnesses, including the respondent/claimant, were examined as C.W.1 and C.W.2 and Ex.C1 was marked on the side of the respondent herein/claimant. On the side of the appellant herein/ Referring Officer, only one witness was examined as RW1 and no document was marked. At the conclusion of trial, the learned Subordinate Judge, Ranipet considered the evidence and allowed the claim for enhancement of compensation in part. While rejecting the claim of the respondent herein/claimant for awarding of compensation taking the market value of the property at Rs.2,000/- per cent, the learned Subordinate Judge also came to the conclusion that the market value reflected in the sale deed relied on by the Land Acquisition Officer as the data sale would be taken as the basis on which the market value of the acquired land as on the date of publication of Section 4(1) notification could be ascertained. At the same time, the learned Subordinate Judge held that since the said sale took place 2 years prior to the date of 4(1) notification, it was appropriate to fix the market value of the acquired property as on the date of 4(1) notification by allowing an increase in the value reflected by the data sale relied on by the Land Acquisition Officer. Thus, the learned Subordinate Judge fixed the market value of the acquired property at Rs.500/- per cent (Rs.50,000/- per acre) and on that basis awarded enhanced of compensation.