SPECIAL TAHSILDAR (LA) ADI DRAVIDAR WELFARE Vs. PERUMAL

JUDGEMENT

(1.) This appeal has been filed as against the judgment and decree of the Sub-Court, Periyakulam, in LACMA No.05 of 1997, allowing the appeal filed by the respondents, who have challenged the award of the appellant.

(2.) The respondents were the owners of lands totally to an extent of 1.19.0 hectare in S.No.1750/2 and S.No.1755/1 in Thimmarasanayakkanur Village, Andipatti Taluk. It is not in dispute that the lands belonged to the respondents were acquired by the appellant under the Tamilnadu Acquisition of Land for Harijan Welfare Scheme Act (Act 31/1978), for the purpose of providing free house site patta to Adi Dravidars.

(3.) The notification under Section 4(1) of the Act was published in the Gazette on 04.01996, and an extent of 2.17.0 hectares of lands including the lands of respondents were acquired by the appellant. The appellant passed an award on 26.01996 fixing compensation to the respondents and other land owners at the rate of Rs.1,23,500/- per hectare. Challenging the award of the Land Acquisition Officer and Special Tahsildar, Periyakulam, namely, the appellant, fixing compensation, the respondents have preferred an appeal before the Sub-Court, Periyakulam, in LACMA No.05 of 1997. The Sub-Court, Periyakulam, allowed the appeal preferred by the respondents and fixed compensation @ Rs.7,200/- per cent. The Sub-Court, Periyakulam, apart from enhancing compensation from Rs.500/- to Rs.7,200/- per cent, awarded solatium at 30% of the compensation and interest as it is permissible under the Land Acquisition (Central) Act. Challenging the quantum and other statutory benefits given by the lower Court, the above appeal has been preferred by the appellant, namely, the Land Acquisition Officer.