LAWS(MAD)-2008-6-133

SPECIAL TAHSILDAR Vs. MALLIKA

Decided On June 19, 2008
SPECIAL TAHSILDAR (LA) Appellant
V/S
MALLIKA Respondents

JUDGEMENT

(1.) THE Government had acquired 1.05.5 Hectares of land in S.No.29/3 in Abatharanapuram, Cuddalore District for the purpose of constructing houses for Adi Dravida Community people as per Award No.6/93-94 dated 7.3.1994.

(2.) THE Land Acquisition Officer, after complying with all the formalities, later published Notification under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as "the Act) etc., had awarded Rs.320/- per cent for the land acquired. A Reference under Section 18 of the Act made before the Land Acquisition Tribunal/Subordinate Judge, Cuddalore before whom the claimant had examined her husband as C.W.1 and exhibited Exs C1 to C4 and on behalf of the Land Acquisition Officer one V.Ramalingam, Special Tahsildar(Land Acquisition) was examined as R.W.1 and exhibited Exs R1 to R3 .

(3.) TAKING into consideration, the potentiality of the land acquired from the claimant, the learned Land Acquisition Tribunal has come to a conclusion that the compensation fixed by the Land Acquisition Officer as Rs 320/- per cent for the land acquired is very low and has enhanced the compensation as Rs.1000/- per cent and also fixed the compensation for each cashew tree as Rs.150/- and passed an award with solatium and interest etc., accordingly. Aggrieved by the findings of the learned Land Acquisition Tribunal, the Referring Officer has preferred this appeal.