THANGAMUTHU Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE appellant is the owner of the lands with an extent of 1. 93. 0 Hectare comprised in Survey No. 120/1b, which was acquired by the respondent for the benefit of Arunthathiar Community people, by passing an award No. 5/97-98 on 06. 08. 1997. The Referring Officer viz. , the respondent, valued at Rs. 74,900/-per acre for the lands belonging to the appellant. Aggrieved against this, the appellant had preferred C. M. A. No. 40 of 1997 before the Sub Court, Namakkal, for enhancement of compensation to Rs. 2,18,000/- per acre. But, the learned Sub judge, Namakkal, had fixed the value of the acquired land at the rate of rs. 1,02,000/- per acre and the interest for the amount to be paid at the rate of 9% and also solatium at 15%. Aggrieved as against the same, the appellant is before this Court. The following substantial question of law was framed by this court at the time of admission of the Second Appeal:

(2.) IN the proof affidavit for his Chief Examination, the appellant has stated that the lands are fit for construction of houses and the valuation of the same should have been made in terms of value per square foot, that the data land has no proper access, but his land has got Panchayat road and they are situate nearer to Tiruchengode-Vellore main road, that the data land should not have been compared with the acquired lands, that adjacent to his lands, a colony is there, that even on 01. 06. 1994, the value was fixed at Rs. 76,300/- by the government, that even in 1994 a square foot, next to his lands was sold for rs. 5. 50, i. e. in Survey No. 220/1a, an extent of 7 3/4 cents was sold at the rate of Rs. 2,40,000/- per acre on 17. 11. 1993 and the purchaser Chellakkannan paid stamp duty as directed by the authority under Section 47a of the Registration act, on the basis of Rs. 4,36,000/- per acre and the appellant's lands are adjacent to the above said land, that the trees standing in his lands are worth about Rs. 5,000/- and hence, an acre may be valued not less than Rs. 2,18,000/ -.

(3.) IN the proof affidavit filed for Chief Examination by the respondent, it has been mentioned that the sale deed dated 17. 11. 1993 was not made within the period between 01. 01. 1995 and 29. 02. 1996, that the sale should have taken place within one year earlier to the notification under Section 4 (1) of the Land acquisition Act and that in an enquiry conducted on 04. 08. 1997, this appellant has accepted that by means of 15. 09. 1992 sale deed, one acre was sold for rs. 1,01,935/ -.