TAHSILDAR UTHAGAMANDALAM TALUK Vs. MANGALCHAND VAID

JUDGEMENT

(1.) THIS appeal has been preferred by the Government against the decree and Judgment in L. A. O. P. No. 14 of 1998 on the file of the Court of Subordinate Judge, Uthagamandalam dated 26. 2. 2001. The Government have acquired 0. 60 acres of land in S. No. 236/6a in Masinagudi Village, Uthagamandalam for the purpose of using the same for Pykara Ultimate Stage Hydro Electric Project (PUSH EP ).

(2.) AFTER following the procedures and formalities, the learned Land Acquisition Officer has published Notification under Section 4 (1) of the Tamill Nadu Land Acquisition Act (hereinafter referred to as Act) in the Government gazette on 14. 1. 1992. On the basis of a sale deed dated 6. 6. 1990 executed by one Shantharaman of Masinagudi to one Tmt Valliammal (registered document No. 766/90) under which 2. 75 acre in S. No. 187/1a was sold for Rs. 38,500/ -. The land acquisition officer has fixed the compensation for the lands acquired as Rs. 140/-per cent (Rs 14,000/- per acre ). Aggrieved by the award passed by the land acquisition officer in Award NO. 1/94 dated 28. 3. 1994, the claimants have filed their objection which was referred to by the land acquisition officer under Section 18 of the Act to the land acquisition tribunal.

(3.) BEFORE the Land Acquisition Tribunal,the third claimant was examined as C. W. 1 and exhibited Exs C1 to C18 on the side of the claimants. On the side of the referring officer, the then land acquisition officer/retired Tahsildar Chinnasamy was examined as R. W. 1 and Exs R1 to R12 were marked.