S P RAMASAMY Vs. SPECIAL TAHSILDAR (LAND ACQUISITION) NAMAKKAL RURAL SCHEME AND; EXECUTIVE ENGINEER-CUM-ADMINISTRATIVE OFFICER, TAMIL NADU HOUSING BOARD, SALEM HOUSING BOARD

JUDGEMENT

(1.) A.S. No. 936 of 1997 has been directed against the award passed in LAOP. No. 8 of 1991 dated 30.09.1996 on the file of the Land Acquisition Tribunal/Subordinate Judge, Namakkal. A.S. No. 937 of 1991 has been directed against the award passed in LAOP. No. 81 of 1991 on the file of the Land Acquisition Tribunal/Subordinate Judge, Namakkal. Both the LAOPs are referred under Section 18 of the Land Acquisition Act.

(2.) Under LAOP. No. 8 of 1991 about 69,625.2 sq.ft land in S. No. 34/2B part and 1,800 sq.ft land in S. No. 34/2B part were acquired by the Government for the purpose of constructing houses for the Tamil Nadu Housing Board Neighbourhood scheme. After following the formalities like issuance of 4(1) notification, the Land Acquisition Officer/Special Tahsildar (Land Acquisition, Namakkal Neighbourhood Scheme) in his award No. 3/87-88 dated 13.8.1987 had fixed the compensation for the land acquired in S. No. 34/2B in Kondichettypatty Village, Namakkal Taluk, Salem District, as Rs. 0.70 per sq.ft apart from awarding 30% solatium and 12% additional compensation etc. In LAOP. No. 81 of 1991 for the same purpose the Land Acquisition Officer had acquired the land in S. No. 37/3 measuring 27007.2 sq.ft by awarding the same compensation of Rs. 0.70 paise per sq.ft alongwith 30% solatium and 12% additional compensation etc. under the same award No. 3/87-88 dated 13.8.1987.

(3.) Aggrieved by the said compensation of Rs. 0.70 paise awarded by the Land Acquisition Officer in award No. 3/87-88 dated 13.08.1987, the claimant has preferred LAOP. No. 8 of 1991 in respect of the lands acquired under S. No. 34/2B part and LAOP. No. 81 of 1991 in respect of the lands acquired under S. No. 37/3.