M MUTHURAMALINGAM PILLAI DIED Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) A.S. No.422 of 1995 has been filed by the claimant/land owner in LAOP No.112 of 1989, claiming enhanced compensation at Rs.5000/- per cent as against Rs.500/- awarded by the Reference Court. The State of Tamil Nadu, being aggrieved by the judgment of the Reference Court viz., the Subordinate Court, Tirunelveli, in LAOP No.112 of 1989 etc., has preferred the above remaining Appeals ie., A.S.637 of 1996 etc.

(2.) An extent of about 79.30 acres of land was acquired by the State of Tamil Nadu for the benefit of the Tamil Nadu Housing Board. Notification under Section 4 (1) of the Land Acquisition Act in this regard was published on 19.2.1986. The Land Acquisition Officer conducted the award enquiry in compliance with the provisions of the Land Acquisition Act. Award No.2/89-90 dated 15.3.1989 was passed by him, fixing the compensation at Rs.200/- per cent.

(3.) Being aggrieved by such fixation, the respondents/land owners sought for a reference before a Civil Court, exercising their option under Section 18 of the Land Acquisition Act. The Reference court (ie) Sub Court, Tirunelveli, took the references on file as LAOP Nos.112 of 1989 etc. Before the said Court, both the parties let in oral and documentary evidence. The Reference Court considered the materials available on record and came to the conclusion that the market value of the land has to be enhanced and the same varied from Rs.500 to Rs.1000/- depending upon the property and its location.