SUBBARAYA GOUNDER Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree made in L.A.O.P.No.68 of 1990 dated 30.09.1996 on the file of the Subordinate Judge, Namakkal.

(2.) THE appellant herein was the claimant in the L.A.O.P. before the Land Acquisition Tribunal. As per the reference made under Section 18 of the Land Acquisition Act, lands belonging to various persons in different survey numbers in Kondichettypatty Village, Namakkal Taluk, was acquired by the first respondent, Special Tahsildar for the construction of Houses by the Tamil Nadu Housing Board, Salem Housing Unit. Accordingly, the lands in S.Nos.46/1 an extent of 1.66 acres, in S.No.46/3B1 an extent of 64 cents were acquired after the award enquiry was passed by the first respondent in award No.19/86 -87, dated 04.03.1987. The amount was received by the appellant under protest as the same was inadequeate and at the request of the appellant, the matter was referred to the Land Acquisition Tribunal, under Section 18 of the Land Acquisition Act, in short 'the Act'. For the aforesaid land acquisition, Notification under Section 4(1) of the Act was published in the Official Gazattee on 11.09.1985.

(3.) AS contended by the learned counsel for the appellant while deciding the market value, the Tribunal could not have deducted 35% of the land, so as to get the said portion of the land free of costs and the Tribunal could have awarded cost for the entire land acquired from the appellant. While computing the market value of the acquired land, the authority or the Tribunal must take the market price of a similarly placed land that was sold prior to the date of 4(1) notification. It is reasonable on the part of the Tribunal to deduct reasonable percentage of the value towards developmental expenses if the data land is a smaller extend or a developed land. Further, the Tribunal cannot deduct any portion of land, on the ground that the data land is a developed land since it would amount to taking such portion of land free of costs against law. It is seen that the Land Acquisition Tribunal has decided the market value of the acquired land at Rs.6/ -per sq.ft. after deducting 1/4th of the land acquired.