K S VIRUTHAMBAL Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THIS appeal has been directed against the award passed in L.A.O.P.No. 327 of 1986 on the file of the learned Land Acquisition Tribunal/The Subordinate Judge, Trivellore. About 1 acre 27 cents of land in S.Nos.16/1,17/1,19/1,19/2A at Ponthavakkam Village was acquired by the Government for the purpose of forming a canal under the Krishna Water Scheme.

(2.) AFTER following the procedure contemplated under the Land Acquisition Act (hereinafter referred to as "Act"), a notice under Section 4(1) of the Act was published in the gazette on 30.11.1983 by the Land Acquisition Officer. On the basis of the data land,the Land Acquisition Officer has fixed the compensation for the above said lands at the rate of Rs.85 per cent and passed an award 5/85-86 dated 16.5.1985. The data land, taken into consideration for fixing the compensation for the land acquired as Rs.85/- per cent, was dated 10.5.1983 under which 50 cents of land in Survey 46/1 was sold for a sale consideration of Rs.4,250/-. Not satisfied with the compensation awarded by the Land Acquisition Officer, the claimant had filed her objection claiming that the Land Acquisition Officer ought to have fixed the compensation for the lands acquired as Rs.750/- per cent. The Land Acquisition Officer has referred the claim made by the claimant under Section 18 of the Act to the Land Acquisition Tribunal.

(3.) THE learned counsel appearing for the appellant would contend that the Land Acquisition Tribunal ought to have fixed the value for the acquired land at least as Rs.700/-per cent on the basis of the said sale deed. But the said document cannot be received in evidence because the lands scheduled to the said sale deed dated 2.9.1982 are all situate in Ponthavakkam Village, Natham whereas the lands acquired are wet lands situate in the midst of the agricultural lands. THE claimant before the Land Acquisition Tribunal had filed Exs C1 and C2 sale deeds in support of her claim that the compensation fixed by the Land Acquisition Officer is inadequate and meagre. THE learned Land Acquisition Tribunal, after giving due consideration for Ex C1 which relates to S.No.123/3 under which 13 cents of lands were sold for Rs.3000/- ie, one cent at the rate of Rs.230/- had enhanced the compensation awarded by the Land Acquisition Officer from one cent at the rate of Rs.85/- to Rs.230/- per cent, has passed the award accordingly in favour of the claimant. 4(1) Notification under the Act was effected in this case on 30.11.1983. Ex C1 is dated 30.9.1983 ie., exactly two months prior to 4(1) Notification. Under such circumstances, the claimant is not entitled to the relief under C.M.P.No.1026 of 2008 which is liable to be dismissed.