REVENUE DIVISIONAL OFFICER CHIDAMBARAM Vs. UTHRAPATHI

JUDGEMENT

(1.) THESE appeals have been directed against the Judgment and decree in L.A.O.P.Nos. 21 of 1994 and 23 of 1994 respectively on the file of learned Land Acquisition Tribunal/Subordinate Judge, Chidambaram. The Government have acquired 0.03.0 hectares of land in R.S.No.20/2D1 ( L.A.O.P.No.21 of 1994) and 0.01.5 hectares of land in R.S.No.20/5(L.A.O.P.No.23 of 1994) in Bhoodangudi Village, Chidambaram Taluk, for the purpose of forming access road to Bridge which was constructed across the river Vellar at Bhoodangudi Village. The Land Acquisition Officer, after following the formalities and after publication in the gazette on 7.1.1992 of Section 4(1) Notification of Land Acquisition Act (hereinafter referred to "Act") and after taking into consideration , 30 sale deeds relating to the nearby acquired lands, had passed an award 2/92 dated 31.12.1992 fixing the compensation for the acquired land as Rs.300/- per cent. Aggrieved by the award passed by the Land Acquisition Officer, the claimants have preferred their objection, which were referred under Section 18 of the Act by the Land Acquisition Officer to the Land Acquisition Tribunal. Before the learned Land Acquisition Tribunal, the first claimant in L.A.O.P.No.21 of 1994, who is the only claimant in L.A.O.P.No.23 of 1994 was examined as C.W.2 and the second claimant in L.A.O.P.No.21 of 1994 was examined as C.W.2 and Exs C1 to C10 were marked on the side of the claimants. The Land Acquisition Officer, Mr.Sugavanam was examined as R.W.1. Exs R1 and R2 were exhibited on the side of the Referring Officer. After meticulously going through the evidence both oral and documentary, the learned Tribunal has come to a conclusion that the compensation awarded by the Land Acquisition Officer is insufficient and meagre has enhanced and fixed the compensation for the lands acquired from Rs.300/- per cent to Rs.4,000/- per cent and accordingly passed Judgment and decree. Aggrieved by the findings of the learned Tribunal, these appeals have been preferred by the claimants.

(2.) NOW the point for determination in these appeals is whether the award passed by the land Acquisition Tribunal in L.A.O.P.No.21 of 1994 and 23 of 1994 respectively is liable to be set aside for the reasons stated in the respective memorandum of appeals?

(3.) IN fine, these appeals fail and the same are dismissed confirming the award passed by the learned Tribunal in L.A.O.P.No.21 of 1994 and 23 of 1994 respectively on the file of learned Land Acquisition Tribunal/Subordinate Judge, Chidambaram. As per order passed by this Court in C.M.P.Nos.19664 and 19665 of 1998, the entire award amount has already been deposited to the credit of L.A.O.P.Nos.21 of 1994 and 23 of 1994 respectively on the file of Subordinate Judge, Chidambaram and the claimants were allowed to withdraw 50% of the amount in deposit already and this Court has further ordered that the remaining 50% of the award amount shall be invested in fixed deposit in a Nationalised Bank for two years. That period is also now over. The claimants are permitted to withdraw the balance of award amount with accrued interest without furnishing any security. No costs.