SPECIAL TAHSILDARLA Vs. T S MOHAN RAO

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 14.02.1994 made in L.A.O.P.No.40 of 1987 on the file of the Land Acquisition Tribunal, Sub Court, Tiruppathur.

(2.) THE referring officer, Special Tahsildar(LA), Tiruppathur has preferred this appeal against the award of compensation by the Land Acquisition Tribunal. It is not in dispute that 2.37 acres of land in S.No.39/2A, Minnur village, Vaniyuur, was acquired for the purpose of establishing 116/11 K.V.sub -station. For the said acquisition of the land notification under Section 4(1) of Land Acquisition Act was published, on 02.06.1992. The award was passed in award No.1/84 and 1/85 dated 30.06.1984, whereby the land Acquisition Officer fixed the market value of the acquired land at Rs.5,347/ -per acre. The respondent/claimant, received the amount under protest and at his request the matter was referred under Section 18 of the Land Acquisition Act. On the side of the respondent/claimant C.Ws.1 to 4 were examined and Exs.C1 to C3 were marked. The Land Acquisition Officer was examined as R.W.1 and Exs.R1 to R3 were marked on the side of the appellant.

(3.) MR .V.Ravi, learned Special Government Pleader contended that the Tribunal has awarded compensation at Rs.1,040/ - per cent which is exorbitant. According to the learned counsel for the appellant for enhancing the compensation there was no legal basis for the Tribunal and for fixing the market value of the acquired land, the Land Acquisition Tribunal, ought not to have considered the sale of a similar extent of land.