LAWS(MAD)-2008-9-99

SPECIAL TAHSILDAR LAND ACQUISITION Vs. PADMAVATHI

Decided On September 19, 2008
SPECIAL TAHSILDAR, LAND ACQUISITION, ADI DRAVIDAR WELFARE, VELLORE Appellant
V/S
PADMAVATHI Respondents

JUDGEMENT

(1.) THIS Appeal has been filed under Section 54 of the Land Acquisition Act against the decree and judgment in LAOP. No. 63 of 1995 dated 25. 06. 1999, on the file of the Subordinate Judge, Ranipet. This appeal has been preferred by the Government against the decree and Judgment in LAOP. No. 63 of 1995 on the file of the Court of Subordinate Judge, Ranipet.

(2.) THE Government have acquired 0. 05. 0 hectares of land in S. No. 344/10b, and one half of 0. 07. 05 in S. No. 344/8 totaling 0. 12. 05 hectares or 0. 35 " cents in Essyanur Village, Arcot Taluk, for the purpose of providing house to the people belonging to the Adi Dravida community.

(3.) AFTER observing the formalities, a notice under Section 4 (1) of the Land Acquisition At was issued on 23. 3. 1998. The Land Acquisition Officer on the basis of data land produced before him had awarded a compensation of Rs. 82. 01 per cent. Aggrieved by the award of compensation passed by the Land Acquisition Officer, the claimant has filed his objections before the Land Acquisition Officer, who in turn had referred the same under Section 18 of the Act before the Land Acquisition Tribunal. Before the Land Acquisition Tribunal, the first claimant was examined as C. W. 1 and the vendee under Ex. C. 2 was examined as C. W. 2 and Ex. C. 1 and Ex. C. 2 were marked on the side of the claimants. An Assistant, in the office of Special Deputy Tahsildar was examined as R. W. 1 and Ex. R. 1 to Ex. R. 6 were marked on the side of the respondent. The Land Acquisition Tribunal after going through the evidence both oral and documentary has held that the compensation awarded by the Land Acquisition Officer at the rate of Rs. 82. 01 per cent is too meagre, has enhanced the same and fixed the compensation as Rs. 425/- per cent from Rs. 82. 01 per cent fixed by the Land Acquisition Officer. Aggrieved by the findings of the Land Acquisition Tribunal, the Government has preferred this appeal.