BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15/10/2008 CORAM THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUAMAL ADITYAN A.S.No.387 of 1995 Special Tahsildar Adi Dravidar Welfare, Thanjavur ... Appellant/ Referring Officer Vs. Rengaraju Udayar ... Respondent/Claimant Prayer This First Appeal has been filed under Section 54 of Land Acquisition Act, against the judgment and decree of the learned Subordinate Judge of Thanjavur in L.A.O.P.No.47 of 90 dated 09.10.1991. !For Appellant ... K.Balasubramanian, Addl.Government Pleader ^For Respondent ... Rengaraju Udayar (Party in person) :JUDGMENT
The decree and judgment in L.A.O.P.No.47 of 90 on the file of the
Land Acquisition Tribunal, Thanjavur, is under challenge in A.S.No.387 of 1995.
2.The Government have acquired 0.37.5 hectares (92 cents) of land in
Survey No.603/5B in Veerappa Udayanpatti Village, Poothalur Taluk, Thanjavur
District, for providing plots to the landless people belonging to Adi Dravidar
Community. The Land Acquisition Officer, after following the procedures, had
published notice under Section 4(1) of the Land Acquisition Act on 11.08.1988 in
the Vernacular dailies and also in the Government Gazette. The Land Acquisition
Officer, after taking into consideration the lands sold near the lands acquired
and also after giving due consideration to the potentiality of the land
acquired, had fixed the compensation for the lands acquired as Rs.75/- per cent
with usual solatium and interest on solatium etc., as per the provisions of the
Land Acquisition Act. Aggrieved by the compensation of Rs.135/- per cent fixed
by the Land Acquisition Officer, the claimant had filed his objections before
the Land Acquisition Officer, who in turn, had referred the same under Section
18 of the Land Acquisition Act, to the Land Acquisition Tribunal/the Subordinate
Judge, Thanjavur.
3.The objections of the claimant in the above said Award have been
taken on file by the learned Land Acquisition Tribunal/the Subordinate Judge,
Thanjavur as LAOP No.47/90. A joint trial was conducted along with LAOP
No.48/90 and a common judgment was delivered by the learned Land Acquisition
Tribunal.
4.Before the Land Acquisition Tribunal, the Claimant in LAOP
No.47/90 viz., Thiru.Rengaraju Udayar was examined as C.W.1 and Exs.C1 and C2
were marked. The Special Deputy Tahsildar, Adi Dravidar Welfare Board,
Thanjavur was examined as R.W.1 and Exs.R1 to R3 were marked on the side of the
Referring Officer.
5.The learned Tribunal after scanning the evidence both oral and
documentary adduced before it, had come to a conclusion that the Award of
compensation fixed by the Land Acquisition Officer for the lands acquired in
LAOP No.47/90 is very meagre, had enhanced the Award of compensation on the
basis of Exs.C1 and C2 and fixed as Rs.800/- per cent. Aggrieved by the finding
of the learned Land Acquisition Tribunal, the Government has preferred this
appeal.
6.On behalf of the Government AS.No.387/95 was preferred against
decree and judgment in LAOP No.47/90 on the file of the Land Acquisition
Tribunal/Subordinate Judge, Thanjavur.
7.Heard the learned Special Government Pleader/appellant.
8.The point for determination in this appeal is whether the Award
of compensation fixed by the learned Land Acquisition Tribunal in LAOP Nos.47/90
is exorbitant and liable to be set aside for the reasons stated in the
memorandum of appeal.
9.Point:- The acquired land under LAOP No.47/90 is in Survey
No.603/5B measuring 0.37.5 hectares in Poothalur Village, Thanjavur Taluk. The
Land Acquisition Officer had passed an Award NO.1/89-90 dated 28.04.1989 fixing
the compensation for the lands acquired under the said Award as Rs.135/- per
cent with usual solatium and interest on solatium etc., on the basis of data
land in Survey No.610/2D under which 4.32.00 hectares (12 1/2 cents) was sold at
the rate of Rs.135/- per cent, as per the provision contemplated under the Land
Acquisition Act. But a perusal of Ex.R2, Plan, shows that the data land in
Survey No.610/2D is situated faraway from the land acquired by the Government
under the Award No.1/89-90 dated 28.04.1989. The learned Tribunal on appeal,
after taking into consideration Ex.C1, sale deed, dated 19.02.1986, under which
five cents of land in Survey No.604/1A1, which is situated adjacent to the land
acquired by the Government as seen from (Ex.R2 plan), thought fit to enhance the
compensation Award passed by the Land Acquisition Officer from Rs.135/- per cent
to Rs.800/- per cent as claimed by the claimant under the claim petition. Under
Ex.C1, sale deed, dated 19.02.1986 five cents of land in Survey No.604/1A was
sold for Rs.4,000/- i.e., Rs.800/- per cent. A Perusal of Ex.C2, sale deed,
dated 19.02.1986 the land sold under Ex.C1 is having the same nature and
potentiality of the land acquired by the Government under Survey No.603/5B.
Only for the purpose of distributing the same to the landless people belonging
to Adi Dravidar community to enable them to construct their houses, the
Government had acquired the land in Survey No.603/5B. The land sold under
Ex.C1, dated 19.02.1986 is also a Punja vacant site, which is fit for
construction of a building. The learned Tribunal on the basis of oral evidence
let in on the side of the claimant, has come to the conclusion that the land
acquired is situated very nearer to Poothalur – Singapatti Road and also nearer
to SIDCO Industries and nearer to Poothalur Railway Station and situated midst
of well developed area. There is no material placed before the learned Land
Acquisition Tribunal on the side of the referring officer to show that the lands
acquired are inferior in nature and lacking potentiality than the land sold
under Ex.C1 dated 19.02.1986. Under such circumstances, I do not find any reason
to interfere with the well considered judgment of the learned Land Acquisition
Tribunal in LAOP No.47/90 on the file of the learned Land Acquisition
Tribunal/the Subordinate Judge, Thanjavur, which does not suffer from any
illegality or infirmity. Point is answered accordingly.
10.In fine, the appeal is dismissed confirming the decree and
judgment of LAOP No.47/90 on the file of the Court of Subordinate Judge,
Thanjavur. If the appellant has not deposited the award amount so far, six
weeks time is given from today to deposit to the credit of LAOP No.47/90 on the
file of Subordinate Judge, Thanjavur. No costs.
Mpk
To
The Subordinate Judge,
Thanjavur.