SPECIAL TAHSILDAR NEIGHBOURHOOD SCHEME Vs. JAGANATHAN GOUNDER

JUDGEMENT

(1.) THESE Land Acquisition appeals involving common questions of fact and law were taken up for consideration together and are being disposed of by this common judgment.

(2.) THESE appeals relate to the Land Acquisition Proceedings that commenced as per Section 4(1) notification dated 17.1.1997 and 19.2.1997 and published in the Gazette on 12.2.1997 and 19.3.1997 respectively.

(3.) THE factual matrix as projected in L.A.O.P. No.32/2002 corresponding to A.S.No.727/2003 is extracted below as background facts. A.S.No.727/99 (LAOP 32/02) At the instance of the Tamil Nadu Housing Board an extent of 6.33 acres of land was acquired from the claimants as per Section 4(1) notification dated 19.2.1997. THE acquisition was for the purpose of putting up residential houses for the Tamil Nadu Housing Board. THE Land Acquisition Officer, upon consideration of documents, determined the market value of the property at Rs.50,000/- per acre even though the land owners have claimed a sum of Rs.50/- per sq.ft. Aggrieved by the award of the Land Acquisition Officer, proceedings under Section 18 of the Land Acquisition Act was initiated. Before the Reference Court the claimants contended that the acquired property is situated very near to Erode-Perundurai as well as Sennimalai Road junction. It was further contended that the residential colonies like Anna Nagar, Sri Nagar, Bharathi Nagar, Rail Nagar, Jeeva Nagar, Subramania Nagar, Kalaignar Karunanidhi Nagar, etc., are all in the vicinity. THE property was having potential value for housing as well as for business purposes. THEre are also Arts Colleges, Women's College, Kongu Higher Secondary School, St.Joseph Clinic,hospitals and other infrastructural facilities in the area. A sum of Rs.50/- per sq.ft was claimed as compensation.