SPECIAL TAHSILDAR NEIGHBOURHOOD SCHEME Vs. RAMAYAMMAL

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.) THE Tamil Nadu Housing Board had taken a decision in the year 1990 to launch a massive housing project at Erode "C" Village (Kasipalayam) in Erode District. Land Acquisition proceedings were initiated in a phased manner. Statutory notifications under Section 4(1) of the Land Acquisition Act duly approved by the Government on 9.10.1990, 15.4.1991, 16.4.1991 and 27.5.1991 were published in the Gazette on different dates. THEse appeals pertain to the acquisition initiated as per the above referred notifications.

(3.) THE factual matrix as projected in L.A.O.P. No.7/95, 43/96 and 44/96 corresponding to A.S.No.759/99, 325/2000 and 756 of 2008 are extracted below as background facts. A.S.No.759/99 (LAOP 7/95) At the instance of the Tamil Nadu Housing Board for putting up residential houses in Erode an extent of 1.00.0 Hectares of land was acquired from the claimants as per Notification dated 15.4.1991 issued under Section 4(1) of the Land Acquisition Act, 1894. According to the claimants the property involved in the Land Acquisition was agricultural land and they were doing agricultural operations and they have been earning substantial income from agriculture. THE property is situated in Kasipalayam revenue village in Erode District and is a well developed area and the residential colonies like Jeeva Nagar, Rail Nagar, K.K.Nagar, Bharathi Nagar and Anna Nagar etc. are situated very near to the acquired property. Similarly there are Colleges and other Educational Institutions, Hospitals, Railway workshops and other institutions in and around the acquired property. THE claimants have also relied on documents to show the market value of the property as on the date on which the notification was issued by the Government. THE Land Acquisition Officer rejected the documents evidencing higher value and accepted documents of lesser value and compensation was arrived at Rs.37,500/- per acre. Before the Reference Court, ten witnesses were totally examined in the batch of cases and twenty eight documents were marked on the side of the claimants. On the side of the Land Acquisition Officer also oral evidence was tendered and the award as well as the topo sketch were marked as exhibits and it was contended that the acquired property was only manwari land and it requires considerable amount for development to convert it as house property.