SPECIAL TAHSILDAR Vs. A.B.VEDHACHALAM

JUDGEMENT

(1.) The Special Tahsildar, Land Acquisition, Chennai City Water Ways Scheme, Ambattur, Chennai - 600 053, has filed this appeal under Section 54 of The Land Acquisition Act questioning the correctness and/or validity of the Judgment and Decree dated 05.11.2014 made in L.A.O.P.No.20 of 2006 on the file of Subordinate Judge, Ponneri. By the said Judgment dated 05.11.2014, the learned Subordinate Judge, Ponneri, enhanced the compensation amount awarded by the Land Acquisition Officer for the lands acquired from the first respondent herein, from Rs.16/- to Rs.600/- per square feet or Rs.2,61,600/- per cent.

(2.) The appellant herein has proposed to acquire the lands measuring a total extent of 6 Hectares in Puthagaram Village, Ambattur Taluk, Thiruvallur District, for formation of a wider surplus course from Madhavaram Left Flank Weir to Redhills Surplus course under improvement of City Water Ways Scheme. For this purpose, a notification under Section 4 (1) of The Land Acquisition Act was issued on 16.12.2003. After complying with the formalities, an award was passed in Award No.1 of 2005 dated 01.07.2005 by which a sum of Rs.16/- per square feet was fixed as compensation for the acquired lands, including the land of the first respondent herein, measuring an extent of 1077 square feet. Aggrieved by the quantum of compensation awarded by the Land Acquisition Officer at Rs.16/- per square feet, the land owner/first respondent herein sought for a reference under Section 18 of The Land Acquisition Act. Accordingly, a reference was made and it was taken on file as L.A.O.P.No.20 of 2006 on the file of learned Subordinate Judge, Ponneri.

(3.) Before the Reference Court, similar references made at the instance of land owners, were also taken up for hearing together and common evidence was let in. On behalf of the claimants before the Reference Court, one Joshua, claimant in L.A.O.P.No.186 of 2007, was examined himself as CW1 and Exs. C1 and C2 were marked. On behalf of the Land Acquisition Officer, Mr. R. Dhanakoti, Special Tahsildar (LA) was examined as RW1, however, no documentary evidence was marked. The Reference Court, upon analysing the oral and documentary evidence, particularly Ex.C2, letter issued by the Sub-Registrar, Ambattur indicating the guideline value of the lands, concluded that the guideline value of the lands in question ranges between Rs.200/- to Rs.1,025/- and therefore fixing a sum of Rs.600/- as market value for the acquired land will be proper. Accordingly, the Reference Court fixed a sum of Rs.600/- per square feet as compensation for the acquired land. Contending that such amount of compensation awarded by the Reference Court is exorbitant besides it was passed without any documentary evidence, the Land Acquisition Officer has preferred this appeal.