SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE Vs. SUBRAMANIAM

JUDGEMENT

(1.) THIS Second Appeal arises out of Judgment in C. M. A. No. 22 of 2001 dated 6. 12. 2005 on the file of Principal Sub Court, Gobichettipalayam enhancing market value of the land acquired from Rs. 57,831/- p. a to Rs. 80, 435/- p. a.

(2.) BRIEF facts which led to filing of Second Appeal are that an extent of 1. 07 acre of land situated in S. No. 40/10, 40/12, 40/14 and 40/16 in Kadathur Village was acquired for the purpose of providing house sites to homeless Adi-Dravidars under the Tamilnadu Acquisition of land for Harijan Welfare Schemes Act 1978 (hereinafter shortly called as Act 31/78 ). Under the provision of the Act 31/78, Section 4 (1) notification was published in the District Gazette No. 55 dated 18. 8. 2000. The Land Acquisition Officer after due adherence to all statutory provisions under the Act 31/78 passed an award in Award No. 7/2000-2001, dated 16. 2. 2001. The market value for the land acquired was fixed at Rs. 57,831/- per acre. In arriving at the said market value, the Competent Authority had taken Ex. B2-data sale deed dated 14. 8. 2000 under which 0. 33. 5 Hectare of land in S. No. 92/3 was sole for Rs. 48,000/ -. Award was passed for Rs. 71,161. 04 as under:- <FRM>JUDGEMENT_1480_TLMAD0_2009Html1.htm</FRM>

(3.) BEING aggrieved by the fixation of market value, the respondents filed an appeal in CMA. 22/2001 under Section 9 of the Act 31/78 on the file of Principal Sub Court, Gobichettipalayam for enhancement of compensation claiming Rs. 5,00,000/- per acre. Lower Court held that property covered under Ex. R2 sale deed (dt. 14. 8. 2000) has same fertility and same valuation to be adopted and the learned Subordinate Judge enhanced compensation at Rs. 80,435/- per acrel. The said appeal was allowed by the impugned judgment and decree dated 6. 12. 2005 and the value was enhanced and fixed at Rs. 80,435/- per acre for the agricultural land acquired by the Government. The Court enhanced the compensation at Rs. 98,975. 25 as under:- <FRM>JUDGEMENT_1480_TLMAD0_2009Html2.htm</FRM>