(1.) THIS appeal has been filed as against the judgment and decree dated 16.03.2004 passed in L.A.O.P.No.10 of 1998 by the learned Subordinate Judge, Kovilpatti.
(2.) PITHILY and precisely, the background facts which are absolutely necessary and germane for the disposal of this appeal, would run thus: The Government vide 4(1) notification dated 15.06.1988 acquired the land bearing S.No.228/2B to an extent of 2.02.5 Hectares 5 acres in Elanbuvanam village. The Land Acquisition Officer assessed the compensation amount at Rs.68/- per cent placing reliance on the sale deed emerged relating to S.No.78/6 which was some what away from the land acquired. The land owner got the matter referred to the Sub Court under Section 18 of the Land Acquisition Act for enhancement of the compensation. Thereupon, the Sub Court placing reliance on the sale deed Ex.C.4 dated 03.07.1985 relating to 5 cents of land, assessed the compensation at the rate of Rs.448/- and from that deductions to the tune of Rs.148/- was made obviously towards developmental charges.
(3.) THE learned Government Pleader placing reliance on the memorandum of appeal would reiterate that the compensation awarded based on Ex.C.4 pertaining to a smaller extent of plot, was not tenable. However, the learned Counsel for the claimant/land owner would draw the attention of this Court to the order of this Court dated 12.03.2006, in C.M.P.(MD)No.1880 of 2006 in this A.S.No.39 of 2006 and the same is extracted hereunder for ready reference: "Heard the learned Additional Government Pleader. He fairly concedes that the award of compensation in the L.A.O.P.No.10 of 1998 on the file of Sub Court, Kovilpatti, is reasonable and that only on the basis of the sale deed dated 3.7.1985 for the adjoining lands, the Tribunal has fixed the compensation. THE learned Additional Government Pleader represents that the Government is prepared to deposit the entire award amount with proportionate interest and costs. 2. Interim stay on condition that the petitioner/appellant deposits the entire award amount with proportionate interest and costs to the credit of L.A.O.P.No.10 of 1998 on the file of Sub Court, Kovilpatti, within a period of eight weeks." (emphasis supplied.)