SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE KANGEYAM Vs. SARADAMBAL

JUDGEMENT

(1.) THIS is an appeal preferred by the Land Acquisition Officer against the Judgment and decree passed by the lower Court in enhancing the compensation fixed by the referring officer.

(2.) THE appellant is the referring officer, Adi Dravidar Welfare, Kangeyam. THE lands in Punganthurai village, Dharapuram Taluk, Vengakkalpalayam in S.No.188/A to an extent of 0.45.5 Hectare in S.No.180/1 to an extent of 0.76.0 Hectare in S.No.180/2 to an extent of 0.81.5 Hectare and S.No.180/3 to an extent of 1.14.0 Hectare, a total extent of 3.17.0 Hectare = 7.83 acres belonging to the claimants were acquired by the Government for the purpose of providing house sites to the house less Adi Dravidar Community people. According, 4(1) notification was issued on 02.01.1996 and due enquiry was conducted under the statute. THE Land Acquisition Officer had fixed the value of the said property at Rs.10,983/- per one acre. Aggrieved by the fixation of the market value by the Land Acquisition Officer, the claimant had requested for reference before the Sub Court / land Tribunal at Dharapuram and accordingly, it was referred.

(3.) MR. Ravi, the learned Additional Government Pleader (A.S.) would submit in his argument that the lower Court had erred in enhancing the compensation exorbitantly from Rs.10,983/- per one acre to Rs.70,000/- per one acre without any reason. He would further submit in his argument that the documents relied upon by the lower Court in Exs.A1 and A2 were not relevant for fixing the market value of the acquired lands. He would further submit that the acquired lands were undeveloped lands on the date of acquisition and there was no improvement from the date of sales by the claimant till the date of acquisition and, therefore, the same value as fixed by the land Acquisition Officer should have been up held by the lower Court. He would further submit in his argument that the lower Court had awarded more compensation than what was claimed by the claimant, and, therefore, the award and judgment passed by the lower Court in fixing the market value at Rs.70,000/- per one acre has to be set aside and the market value suggested by the Land Acquisition Officer at Rs.10,983/- may be fixed as the correct market value. He would therefore, request the Court to set aside the judgment and award passed by the lower Court and therefore, the appeal be allowed.