K ARUMUGAM Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The claimant is the appellant herein.

(2.) Not being satisfied with the enhancement of compensation from Rs. 73.17/- per Cent to Rs. 1000/- per Cent, the owner of the land has filed this appeal for further enhancement. It is seen that in respect of lands in Survey No. 36/2 of an extent of 0.81 acres, out of the total extent of 0.92 acres, were acquired for the purpose of providing house sites to Barbers residing in Beebikulam, Meenambalpuram area, Madurai Town. The 4(1) notification was dated 30.07.1986 and the Land Acquisition Officer, after complying with the legal formalities passed an award in Award Proceedings No. 7/86-87 dated 31.03.1987. The Land Acquisition Officer after complying with the legal formalities considered 18 sale deeds in Thiruppalai village and after discarding 17 sale deeds selected the lands in Survey No. 178/7 for fixing the market value.

(3.) According to the Special Tasildhar (L.A), 62 Cents in Survey No. 178/7 of Tiruppallai village was sold at Rs. 6,000/- and therefore, he fixed the market value at Rs. 73.17/- per Cent and passed an award. The claimant aggrieved by the market value fixed by the Land Acquisition Officer sought reference under Section 18 of the Act and reference was made in L.A.O.P. No. 101 of 1987 on the file of the I Additional Sub Court, Madurai, and the learned Sub Judge enhanced the market value to Rs. 1,000/- per Cent. The claimant filed the claim petition before the Sub Court claiming enhanced compensation of Rs. 2,500/- per Cent and the learned Sub Judge has awarded Rs. 1,000/- per Cent and hence, this appeal is preferred by the claimant for further enhancement of compensation.