REVENUE DIVISIONAL OFFICER Vs. LAKSHMI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 29.03.1995 made in L.A.O.P.No.1 of 1987 by the learned Subordinate Judge, Vriddhachalam.

(2.) AN extent of 2.22.5 Hectares of land comprised in two survey numbers (Survey No.1/2B and 1/3) in Budamur Village, Vriddhachalam Taluk, Cuddalore District belonging to the Respondent herein/claimant was acquired by the Government along with a further extent of 0.74.5 Acres comprised in other survey numbers belonging to other persons, for the purpose of setting up a Regional Research Station under the control of the Tamil Nadu Agricultural University, Coimbatore. The acquisition made at the instance of the Registrar, Tamil Nadu Agricultural University, Coimbatore. Particulars of the notification under Section 4(1) of the Land Acquisition Act was lastly effected on 21.03.1984. However, invoking the emergency provision found under Section 17(1) of the Land Acquisition Act, possession of the property was taken by the Government on 22.06.1984 after dispensing with the enquiry under Section 5A of the Land Acquisition Act. On the same day the property was handed over to the Requisitioning Department. In the award enquiry that followed for fixing the amount of compensation for the land acquired, the Land Acquisition Officer collected particulars regarding as many as 274 sales pertaining to the lands in the locality for being considered as data sales. However, rejecting 269 items out of 274 included sale-data collected by the Land Acquisition Officer as not reflecting the true market value of the acquired land for one or the other reasons cited in the award, the Land Acquisition Officer took the sales noted against items 182 to 185 and 189 of the data sales as the documents reflecting the correct market value of the acquired land. Thus, the land acquisition officer fixed the market value of the acquired land at the rate of Rs.74,100/- per hectare and awarded compensation to the respondent / claimant as follows: TABLE Interest was calculated for the said amount at the rate of 9% from 21.06.1984 the date on which the Government took possession, for a period of one year and thereafter till the date of payment at the rate of 15% per annum. The total amount of the compensation arrived at by the land acquisition officer as indicated above along with the interest was paid to the respondent/claimant. But the respondent received it under protest and made a request to the Land Acquisition Officer for making a reference to the Court under Section 18 of the Land Acquisition Act, 1894 for fixing the reasonable compensation.

(3.) IN the enquiry before the Reference Court namely, the court of the Subordinate Judge, Vriddhachalam, three witnesses were examined as CW1 to CW3 and three documents were marked as Ex.C1 to C3 on the side of the Claimant (Respondent herein). RW1 was the sole witness examined on the side of the Referring Officer (the first appellant herein). The second respondent at whose instance, the acquisition was made was also given notice and permitted to take part in the proceedings.