SELVANATHA ROCK Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the Judgment and award passed by the lower Court in LA.O.P. No. 9 of 1998 referred under Section 30 of Land Acquisition Act.

(2.) The lands in R.S. No. 153/2-B corresponding to S. No. 754/3 part, 723/1, 723/2, 723/4,723/5 and 73 5 part measuring an extent of 31A 20 Cs in Kottucherry village of Kottuchery commune, Karaikkal Taluk, Union of Pondicherry was acquired along with other properties for the purpose of extending the channel Nana Vaikal at Kottucherry Commune which required improvements for the public purpose. The Land Acquisition Officer had specified with the title of the claimant in respect of 21 A 80 Ca on the basis of the partition deed in between the claimant and his brothers taken place in the year 1955 and had awarded compensation to the said extent of land and for the balance extent of 9A 40 Ca, the Land Acquisition Officer had come to a conclusion that no other person reported claiming the said extent of property. He would again refer that the present claimant as the fourth respondent in the said proceedings had claimed the balance extent of land as belonging to him. But the Land Acquisition Officer did not see that he is entitled to the said balance extent of the property. Therefore, he had referred to the Tribunal under Section 30 and 31(2) of the Land Acquisition Act to decide the entitlement of the balance award amount in favour of the real owner of the acquired property.

(3.) On such referral, the Land Tribunal cum Additional District Judge, Pondicherry at Karaikkal had taken reference in L.A.O.P. No. 9 of 1998 and had examined the claimant as R.W.I and admitted Exhibits B-1 and B-2 as documentary evidence of the claimant and had come to a conclusion that the claim of the fourth respondent/claimant was not proved and, therefore, dismissed the said claim. Aggrieved against the said order of lower Court, the present appeal has been preferred by the claimant/4th respondent before the lower Court.