SPECIAL TAHSILDAR LA ADI DRAVIDAR WELFARE Vs. CHELLAMUTHU

JUDGEMENT

(1.) (This appeal suit filed under Section 54 of the Land Acquisition Act as against the judgment and decree of the learned Additional Subordinate Judge of Salem dated 05.01.1994 made in L.A.O.P.No,2/1987.) This appeal filed under Section 54 of Land Acquisition Act is directed against the judgment and award passed by the learned Additional Subordinate Judge, Salem on 05.01.1994 in LAOP No,2/1987. The Land Acquisition Officer, namely the Special Tahsildar (LA) (Adi Dravidar Welfare), Salem is the appellant herein. The claimants before the court below in the LAOP are the respondents.

(2.) AN extent of 0.34.5 hectare dry land (equivalent to 85 cents) comprised in Survey No,84/12 in Keerapappambadi Village, Salem Taluk, Salem District was acquired by the Government following the procedure prescribed in the Land Acquisition Act (Central Act) for providing house sites to the Arunthathiars of Keerapappambadi village. The notification under Section 4(1) of the Land Acquisition Act, 1894 for acquiring the said land was approved by the Government in G.O.Ms.No,2423/SWD dated 30.10.1984 and the same was published in the Government Gazette on 19.12.1984. As the said notification was not initially published in the vernacular language it was once again published in the vernacular language on 03.01.1985 and 04.01.1985.

(3.) THE said reference was taken on file by the Sub court as LAOP No,2/1987. After the claim statement of the claimants and objections of the referring officer were filed, the court below conducted a trial, in which two witnesses were examined as CW-1 and 2 and one document was marked as Ex.C1 on the side of the claimants/respondents herein, whereas no witness was examined and no document was marked on the side of the Referring Officer, who figures as the appellant herein. At the conclusion of trial, the court below considered the arguments advanced on either side and upon such a consideration, fixed the market value of the property at the rate of Rs.400/- per cent, deducted 25%, namely a sum of Rs.100/- from the same, as a smaller extent of land was compared with a larger extent for fixation of market value and directed payment of compensation taking the market value of the property to be Rs.300/- per cent. THE court below has also enhanced the compensation for the trees at the rate of Rs.250/- per yielding palmyra tree, Rs.150/- per non-yielding palmyra tree and Rs.50/- per palai tree. THE court below has also directed calculation of additional market value at the rate of 12% from 24.06.1985 to 17.11.1986 and solatium @ 30% of the market value. Interest @ 9% per annum for a period of one year from the date of award of the Land Acquisition Officer and there after @ 15% per annum till payment, was also ordered.