SPECIAL TAHSILDAR ADI DRAVIDA WELFARE Vs. J MEGANATHAN

JUDGEMENT

(1.) This Second Appeal is at the instance of the State, challenging the award of compensation of Rs. 8,70,205/- for an extent of 50 cents of land with 31 coconut trees acquired by the Adi Dravida Welfare Department for construction of boys hostel in Ambur Town.

(2.) The land belonging to the respondent measuring about 50 cents situate in T.S.No.38/2, Block-3, Ambur Taluk was sought to be acquired for the purpose of construction of boys hostel for adi dravidar students under Act 31 of 1978. The Section 4(2) notification was made on 20.07.2001. The land acquisition officer by his award dated 203.2002 relying upon Ex.R3 which is sale deed dated 27.11.1998 as data sale deed granted a sum of Rs. 1,47,450/- at the rate of Rs. 2,94,090/- per acre and a sum of Rs. 6,200/- was awarded towards the value of 31 coconut trees with 15% solatium totaling Rs. 1,76,699/-.

(3.) Aggrieved by the determination of the compensation the land owner filed an appeal before the sub-Court in LAOP.No.2 of 2002 under Section 9 of the Act. Before the Sub-Court the land owner produced the sale deed in Ex.C2 dated 31.01999, wherein, an extent of 1025 sq.ft of land was sold for Rs. 58,000/-. The rate per square feet of land worked out to Rs. 51.55/-. The learned Subordinate Judge rejected the document relied upon by the Land Acquisition Officer as data sale deed on two grounds, the first is that it is an agricultural land, whereas, the property under acquisition is house site suitable for construction and the second ground was that the document Ex.R3 dated 27.11.1998 was subject matter of reference under Section 47(A) of the Stamp Act on the ground of undervaluation and after the determination of the value, the Government has calculated and collected deficit stamp duty on the document. The said document was registered only during 2001 though executed on 27.11.1998. Upon rejection of Ex.R3, the learned Subordinate Judge taking into account the location of the property covered by the land acquisition proceedings as well Ex.C2 concluded that the value can be fixed based on the value of the land under Ex.C2. The learned Subordinate Judge after having deducted 1/3 of the value towards development charges awarded compensation of Rs. 34 per sq.ft. Aggrieved the Government is on appeal.