SPECIAL TAHSILDAR Vs. ANANDHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 22.06.1994 made in L.A.O.P.No.9 of 1990 on the file of Land Acquisition Tribunal, Subordinate Court, Tirupathur.

(2.) IT is seen that an extent of 36 cents of land in S.No.94/1 Sundarampalli village, Tiruppathur Taluk was acquired for the purpose of constructing residential quarters for the Tamil Nadu Special Police, VIIth Battalion. The Land Acquisition Officer/appellant had fixed the market value for the acquired land at Rs.2,600/ -per acre. The compensation amount was received by the respondent under protest and at his request the matter was referred to under Section 18 of the Land Acquisition Act. Before the Land Acquisition Tribunal, the respondent claimant was examined as P.W.1, apart from another witness as P.W.2 and marking Ex.A1, copy of the sale deed, dated 26.05.1969 executed by one Uttarambal in favour of one Sambasiva Chettiar. On the side of the respondent the Special Tahsildar, Land Acquisition, Tirupathur was examined as R.W.1 and Ex.R1 to R3 were marked.

(3.) MR . V. Ravi, learned Special Government Pleader appearing for the appellant, has not denied the fact that the acquired land is situated nearby Tirupathur -Dharmapuri Highways Road in a developed area. As per the evidence of P.W.1, the acquired land is situated nearby a Primary Health Center, Post Office, Co -operative Bank, State Bank of India, Veterinary Hospital and Higher Secondary School. As per Ex.A1, copy of the sale deed, dated 26.05.1969, an extent of 523.6 sq.ft. of land had been sold at Rs.2,000/ -. Since 4(1) notification under the Land Acquisition Act was published only on 20.04.1983, the respondent/claimant requested the appellant, to pay compensation at Rs.10/ -per sq.ft. Before the Land Acquisition Tribunal, The Special Tahsildar, Land Acquisition Act, was examined as R.W.1, who has not disputed the prime locality of the land acquired but, according to him the compensation amount claimed by the respondent/claimant is exorbitant.