REVENUE DIVISIONAL OFFICER Vs. N. JANAKI AMMAL

JUDGEMENT

(1.) THE land of the extent of 0.48.0 hectares in Survey No. 357/3A1, Parapatti Village, Hamlet of Viswanatham Village, Sathur Taluk, Sivakasi District, belonging to the respondent herein, was acquired by the Government for the purpose of upgrading the existing Electricity Sub Station. An award was passed in Award No. 3 of 1990 dated 26.2.1990, granting a total compensation of Rs. 51,100/ -, comprising of Rs. 17,784/ - towards value of land, Rs. 17,957.50 towards value of trees and the balance towards solatium etc.

(2.) ON a reference under Section 18 of the Land Acquisition Act, 1894, in L.A.O.P. No. 127 of 1992, the Tribunal, viz., Sub Court, Srivilliputhur, enhanced the compensation to Rs. 24,26,000/ - together with solatium and interest, by a judgment dated 28 -4 -1993. Aggrieved by such enhancement, the Referring Officer as well as the beneficiary viz., the Tamilnadu Electricity Board filed an appeal in A.S. No. 282 of 1994, on the file of this Court. Finding that the evidence of PW -2 and his Report Ex.A -6, on the basis of which the Tribunal adopted the capitalisation method for arriving at the compensation, was wholly unreliable, this Court set aside the judgment of the Tribunal. However, this Court remitted the matter back to the Tribunal for a fresh consideration, in view of the additional documents sought to be filed by both parties.

(3.) WE have heard Mr. K.M. Vijayakumar, learned Additional Government Pleader appearing for the appellants and Mr. M.S. Balasubramania Iyer, learned Counsel appearing for the respondent.