SPECIAL TAHSILDAR Vs. CHINNASAMY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree (Award) of the learned Subordinate Judge, Vellore, dated 10.10.1990 made in L.A.O.P.No.118 of 1984 on the file of Sub Court, Vellore.

(2.) THE Special Tahsildar (Land Acquisition), BHEL Unit-IV, Ranipet, the then Arcot District now Vellore District is the appellant herein. THE respondents are the landowners, from whom the land was acquired. Out of a total extent of land measuring 54.58 acres situated in Vadakal Village, Wallajah Taluk, North Arcot District (now Vellore District) acquired by the Government for the Boiler Auxiliaries Project of BHEL, Ranipet, an extent of 0.98 acres comprised in Survey No.74.4 is the property concerned in this appeal. THE said land was admittedly an un-irrigated (Manavari land). THE Land Acquisition Officer relying on a sale deed dated 26.03.1980 registered as document No.695 of 1980 on the file of the concerned Sub-Registrar fixed the market value of the acquired land concerned in this appeal at the rate of Rs.3,000/- per acre and awarded a total compensation of Rs.3414.80 paise which includes 15% Solatium and 4% interest. THE respondents herein/the claimants received the compensation under protest and requested for a reference being made to the Court under Section 18 of the Land Acquisition Act. Hence, a reference was made by the Land Acquisition Officer to the Sub Court, Vellore under Section 18 of the Land Acquisition Act.

(3.) THE points that arise for consideration in this appeal is:- 1) Whether the learned Subordinate Judge has committed an error in fixing the market value at Rs.150/- per cent and awarding enhanced compensation" 2) Whether the amount awarded by the learned Subordinate Judge has got to be reduced"