DIVISIONAL ENGINEER BHARAT SANCHAR NIGAM LIMITED Vs. JENNET

JUDGEMENT

(1.) A.S. (MD) No. 247 of 2008 arises against the judgment and decree in L.A.O.P. No. 12 of 2000 on the file of Sub-Court, Kulithurai. The notification under Section 4(1) of the Land Acquisition Act, was issued on 28.8.1998 for acquiring an extent of 0.075 Hectares(19 3/4 cents) in R.S. No. 225/10A 2B of Kulapuram Village, Vilavancode Taluk, Kanyakumari District, for the purpose of establishment of Wide Band Digital Microwave Tower and Building for Microwave Communication link between Madurai and Trivandrum. The Land Acquisition Officer, the second respondent herein fixed the value of the land at Rs. 1,100/- per cent and 30% solatium. The first respondent/claimant claimed Rs. 75,000/- per cent of land, solatium and Rs. 50,000/- for trees. Two witnesses were examined on the side of the claimants and R.W.I was examined on the side of the respondents in L.A.O.P. The Advocate Commissioner was examined as C.W.I. The trial Court awarded Rs. 60,000/- per cent and 30% solatium. The first respondent/claimant has also filed Cross Objection (MD) No. 58 of 2009 for enhancing the compensation for the land and for awarding higher compensation for the rubber trees by enhancing from Rs. 4,500/- per cent to Rs. 50,000/-. A.S. (MD) No. 248 of 2008 arises against the judgment and decree in L.A.O.P. No. 13 of 2000 on the file of Sub-Court, Kulithurai. The notification under Section 4(1) of the Land Acquisition Act, was issued on 28.8.1998 for acquiring an extent of 0.035 Hectares(8 3/4 cents) in R.S. No. 225/8B of Kulapuram Village, Vilavancode Taluk, Kanyakumari District, for the purpose of establishment of Wide Band Digital Microwave Tower and Building for Microwave Communication link between Madurai and Trivandrum. The Land Acquisition Officer, the second respondent herein fixed the value of the land at Rs. 1,100/- per cent plus 30% solatium. The first respondent/claimant claimed Rs. 65,000/- per cent plus solatium. Five witnesses were examined on the side of the claimants and R. W. 1 was examined on the side of the respondents in a L.A.O.P. The Advocate Commissioner was examined as C.W.I. The trial Court awarded Rs. 40,000/- per cent, Rs. 8,000/- for levelling the land, Rs. 34,939/- for trees and Rs. 12,000/- for compound and basement constructed in the land and also awarded 30% solatium. A.S. (MD) No. 249 of 2008 arises against the judgment and decree in L.A.O.P. No. 15 of 2000 on the file of Sub-Court, Kulithurai. The notification under Section 4(1) of the Land Acquisition Act, was issued on 28.8.1998 for acquiring an extent of 0.05.0 Hectares(12 1/2 cents) in R.S. No. 225/10B of Kulapuram Village, Vilavancode Taluk, Kanyakumari District, for the purpose of establishment of Wide Band Digital Microwave Tower and Building for Microwave Communication link between Madurai and Trivandrum. The Land Acquisition Officer, the second respondent herein fixed the value of the land at Rs. 1,100/- per cent. The first respondent/claimant claimed Rs. 65,000/- per cent of land, 30% solatium and Rs. 50,000/- for levelling the land. Five witnesses were examined on the side of the claimants and R.W. 1 was examined on the side of the respondents in a L.A.O.P. The Advocate Commissioner was examined as C.W.I. The trial Court awarded Rs. 40,000/- per cent, Rs. 40,000/- for trees and 30% solatium. A.S. (MD) No. 254 of 2008 arises against the judgment and decree in L.A.O.P. No. 14 of 2000 on the file of Sub-Court, Kulithurai. The notification under Section 4(1) of the Land Acquisition Act, was issued on 28.8.1998 for acquiring an extent of 0.09.0 Hectares (22 112 cents) in R.S. No. 225/9A 2A of Kulapuram Village, Vilavancode Taluk, Kanyakumari District, for the purpose of establishment of Wide Band Digital Microwave Tower and Building for Microwave Communication link between Madurai and Trivandrum. The Land Acquisition Officer, the second respondent fixed the value of the land at Rs. 1,100/- per cent, Rs. 2,705/- for tress and 30% solatium. The first respondent/claimant claimed Rs. 65,000/- per cent of land, Rs. 8,000/- for levelling the land, Rs. 3,49,880/- for trees and 30% solatium. Two witnesses were examined on the side of the claimants and RW. 1 was examined on the side of the respondents in a L.A.O.P. The Advocate Commissioner was examined as C.W.I. The trial Court awarded Rs. 40,000/- per cent, Rs. 8,000/- for levelling the land, Rs. 3,49,888/- for trees, Rs. 12,000/- for compound and basement situated in the land and 30% solatium.

(2.) In all these appeals, the second respondent in the L.A.O.P is the appellant. The first respondent is the claimant and the second respondent is the Land Acquisition Officer.

(3.) The issues involved in all the four appeals are one and the same and the appeals having been filed against the valuation fixed by the Reference Court (viz) Sub-Court, Kulithurai, they have been taken up together for hearing.