SPECIAL TAHSILDAR Vs. PADMANABHA NAIDU

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award (decree) dated 31.07.1996 passed by the learned Subordinate Judge, Tiruvannamalai in L.A.O.P.No.69/1994. The Government has acquired an extent of 1.35 acres (0.54.5 hectares) comprised in Survey No.78/2D, 78/2E, 78/2F1 and 78/2F2 in Kottakulam village, Chengam Taluk, Thiruvannamalai District, which form the single block, for providing house sites to the members of Adhi Dravida community of the said village. The notification under Section 4(1) of the Land Acquisition Act was approved by the Government on 17.09.1991 and was published in the Tamil Nadu Government Gazette on 30.10.1991. The same was published in the area on 03.11.1991 and enquiry under Section 5A was conducted on 09.12.1991. The proposal to acquire the land was confirmed and the declaration under Section 6 of the Land Acquisition Act was approved by the Government and the same published in the Tamil Nadu Government Gazette on 30.10.1992 and in local vernacular dailies on 30.10.1992 and 31.10.1992. The same was published in the area on 23.11.1992.

(2.) THEREAFTER award enquiry was conducted by the Land Acquisition Officer in which the Land Acquisition Officer considered particulars of 48 sales that had taken place in and around acquired land within 3 years prior to the date of publication of the notification under Section 4(1) of the Land Acquisition Act. The land acquisition officer has taken into consideration only one sale deed and discarded remaining sale deeds as not reflecting the correct market value of the acquired property for various reasons cited in his award. A sale deed dated 30.03.1989 bearing document No.722/1989 of the Office of the Sub-Registrar, Chengam under which an extent of 0.34 acre of well irrigated dry land comprised in Survey No.34/10 had been sold for a sum of Rs.5,780/-, shown as item 8 in the sales statistics collected by the Land Acquisition Officer was taken as the data sale reflecting the correct market value of the property acquired. On the basis of the said sale deed, the market value of the acquired property was fixed at Rs.17,000/- per acre (Rs.170/- per cent). Accordingly, for the above said acquired land of 0.54.5 hectare (1.35 acre), the Land Acquisition Officer has awarded compensation as follows:

(3.) THE learned Subordinate Judge came to the conclusion that the market value reflected in the sale deed relied on by the Land Acquisition Officer as the data sale would be taken as the basis on which the market value of the acquired land as on the date of publication of Section 4(1) notification could be ascertained. At the same time, the learned Subordinate Judge held that since the said sale took place 3 years prior to the date of 4(1) notification, it was appropriate to fix the market value of the acquired property as on the date of 4(1) notification by allowing a substantial increase from the value reflected by the data sale relied on by the Land Acquisition Officer. Thus, the learned Subordinate Judge fixed the market value of the acquired property at Rs.3,924/- per cent (Rs.3,93,400/- per acre) and on that basis awarded enhancement of compensation as follows:- THE said amount shall carry interest at the rate of 9% per annum from 19.03.1984, the date on which possession was admittedly taken, for the period of one year and at the rate of 15% per annum thereafter.