UNION OF INDIA Vs. K P ABDUL RAHIMAN

JUDGEMENT

(1.) A.S.No.243 OF 2007 This appeal is directed against the award passed by the lower Court in LAOP No.10 of 2005 preferred by the Land Acquisition Officer, Mahe. A.S.No.244 OF 2007 This appeal is directed against the award passed by the lower Court in LAOP No.11 of 2005 preferred by the Land Acquisition Officer, Mahe. A.S.No.245 OF 2007 This appeal is directed against the award passed by the lower Court in LAOP No.12 of 2005 preferred by the Land Acquisition Officer, Mahe. Cross Objection No.32 OF 2007 The present cross objection is directed against the quantum of compensation awarded by the lower Court in LAOP No.10 of 2005 preferred by the Claimant for enhancement of compensation. Cross Objection No.29 OF 2007 The present cross objection is directed against the quantum of compensation awarded by the lower Court in LAOP No.11 of 2005 preferred by the Claimant for enhancement of compensation. CRP (NPD) No.956 OF 2007 The Revision Petition is filed against the order passed by the lower Court in I.A. No.11 of 2007 in LAOP No.10 of 2005 in dismissing the review petition filed by the Claimant. CRP (NPD) No.957 OF 2007 The Revision Petition is filed against the order passed by the lower Court in I.A. No.12 of 2007 in LAOP No.11 of 2005 in dismissing the review petition filed by the Claimant. The lands (i) in R.S.No.97/1-B of an extent of 0.17.30 hectares (ii) in R.S.No.97/2-A/2 of an extent of 0.12.50 hectares (iii) in R.S.No.97/4 of an extent of 0.10.00 hectares and (iv) in R.S.No.100/16 of an extent of 0.10.00 hectares of the Revenue Village of Mahe in the Registration District of Mahe in the Pondicherry District were acquired by the Government of Pondicherry through the publication made in the State Gazette No.8 dated 25.02.2003 in G.O.Ms.No.08 for the purpose of further expansion/development of the Government General Hospital, Mahe. The Claimant in LAOP No.10 of 2005 was the owner of the aforesaid first item the Claimant in LAOP No.11 of 2005 was the owner of the aforesaid fourth item and the Claimant in LAOP No.12 of 2005 was the owner of 0.04.01 hectares in the third item of the aforesaid properties.

(2.) THE 4(1) notification issued under the Act was dated 28.10.2002. THE Land Acquisition Officer had considered 59 documents of sale effected in the said Mahe Village immediately prior to 4(1) notification and had rejected 55 documents of sale on the reason that the lands comprised therein were located either far away or dissimilar to the land acquired. In the remaining four documents of sale, the Land Acquisition Officer had rejected item No.55 of sales as it was effected only for an extent of 0.00.20 hectare. Among the three documents of sale left, he had considered item no.5, 17 and 49, as documents showing the market value of the said properties at Rs.1,054 per square metre, Rs.517/- per square metre and Rs.519/- per square metre respectively and he had selected item no.5 of the document of sale which was the higher in price at Rs.1,054/- per square metre. However, he had reduced the market rate from Rs.1,054/- to Rs.870/- per square metre as per the approval given by Revenue Department of Pondicherry vide its letter No.2699/REV-B1/2002 dated 25.02.2003. THE Land Acquisition Officer had also fixed the value for the trees standing in the properties and had also ordered 30% solatium and additional market value at 12% per annum from the date of 4(1) notification till the date of passing the award. However, he had not calculated the interest for the said valuation as per the statute, namely THE Land Acquisition Act, 1894.

(3.) AGAINST the said fixation of market value at Rs.1,450/- per one square metre, the Land Acquisition Officer had preferred all the three appeals.