SPECIAL TAHSILDAR HARIJAN WELFARE TIRUPATTUR Vs. SEENU REDDY

JUDGEMENT

(1.) BEING aggrieved by enhancement of compensation of Rs.51,064/- per acre to Rs.4.28/sq.ft, Government preferred this Second Appeal. An extent of 0.75.0 Hectare of land situate in Palanankuppam Village, Tirupattur Taluk comprised in S.No.100/2C and 2B was acquired for the purpose of providing house sites to homeless Adi-Dravidars under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (hereinafter shortly called as Act 31/78). In pursuant to the same, Sec.4(1) notification was issued on 11.3.96. The sales statistics for one year prior to Sec.4(1) notification was taken. In Serial No.65, S.No.124/4A, an extent of 0.23- acre, was sold for Rs.12,000/-, which was taken as data sale deed. The Land Acquisition Officer fixed the market value for the land acquired at Rs.51,064/- per acre. After due adherence of statutory provisions of Act 31/78, Land Acquisition Officer passed an award in Award No.40/95-96 dated 25.3.96.

(2.) BEING dissatisfied with quantum of compensation, respondents filed appeal in C.M.A.No.5/96 before Sub Court, Tirupattur claiming enhancement of compensation. Court has taken Ex.A2 sale deed (dt.30.08.1995) by first respondent Seenu Reddy in favour of one Babu selling S.No.100/6D, 1741 - sq.ft for Rs.14,000/- and fixed the market value at Rs.6.42/- per sq.ft. After deduction of 1/3rd for development charges i.e.,Rs.2.14/sq.ft, Court fixed market value at Rs.4.28/- sq.ft.

(3.) THE learned Special Government Pleader Ms.Bhavani Subbarayan submitted that when the acquired land is the agricultural land, fixation of value per sq.ft at Rs.4.28 is erroneous and on the higher side. It was further contended that Court below erred in placing reliance upon Ex.A2 sale deed (dt.30.08.1995) under which a miniscule extent of property was sold. Interest awarded at higher rat for various periods is also under challenge.