REVENUE DIVISIONAL OFFICER TIRUVANNAMALAI Vs. A GEETHA AMMAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree of the learned Subordinate Judge, Tiruvannamalai, dated 28.10.1993 made in L.A.O.P.No,7 of 1990 directing payment of enhanced compensation for the compulsory acquisition of the land belonging to the first respondent.

(2.) A total extent of 49 acres and 41,485 sq. ft. of land comprised in various survey numbers including the one concerned in this appeal was acquired by the Government at the instance of the Requisitioning Department viz., the Tamil Nadu Housing Board for construction of houses under the Mini Neighbourhood Scheme in Tiruvannamalai Taluk. The notification under Section 4(1) of the Land Acquisition Act was approved by G.O.Ms.No,891, Housing and Urban Development Department dated 08.09.1982. The same was published in the Tamil Nadu Government Gazette dated 29.09.1982 and also in the newspapers. After hearing the objections, some of the areas were deleted from the acquisition and the objections raised in respect of the other areas were overruled. Declaration under Section 6 of the Land Acquisition Act was approved in G.O.Ms.No,838, Housing and Urban Development department dated 22.08.1985. The same was published in Tamil Nadu Government Gazette Supplementary dated 04.09.1985. It was also published in English daily, the Hindu and Tamil daily -Thina Thanthi- on 09.09.1985. Thereafter, award enquiry was conducted by the Revenue Divisional Officer, Tiruvannamalai. The acquired lands were classified into three categories, viz., 1.Manavari dry lands, 2.Irrigated dry lands and 3.Wet lands. As many as 18 sales were included in the data sales to assess the market value of Manavari dry lands. Out of the 18 sale deeds, 17 were rejected as not reflecting the correct market value of the acquired land and a sale deed dated 05.08.1982 was selected as the data sale for Manavari dry lands. A sale deed dated 14.10.1981 in respect of 22 cents of lands in Survey No.1786/3 bearing document No.1186/1981 has been taken as the data sale both for irrigated dry lands and wet lands.

(3.) THE Tribunal framed a single issue, which reads as follows:- "Whether the claimant is entitled to claim enhanced compensation?"