- (1.) A.S.No.1313 of 1995 is arising out of the Judgment and Decree, dated 22.12.1994 made in L.A.O.P.No.191 of 1986 and A.S.No.528 of 1996 is arising out of the Judgment and Decree, dated 19.12.1994 made in L.A.O.P.No.169 of 1986 on the file of the Land Acquisition Tribunal / Sub Court, Krishnagiri.
(2.) AS per L.A.O.P.No.191 of 1986, relating to A.s.No.1313 of 1995, an extent of 2.71 acres of land was acquired in S.No.749 of Hosur village by the appellant for constructing houses, under Tamil Nadu Housing Scheme. In A.S.No.1313 of 1995, the appellant / land acquisition office had fixed the market value of the land acquired at Rs.5,500/- per acre. The amount was received by the respondent / claimant under protest and at the request of the respondent / claimant, the matter was referred under Section 18 of the Land Acquisition Act, 1894. It is seen from the impugned Judgment that the claimant was examined as C.W.1, apart from marking Exs.A.1 to A.7 on the side of the respondent / claimant. On the side of the appellant, no witness was examined, however, Exs.B.1 to B.3 were marked by consent, out of which, Ex.B.1 is the award passed by the land acquisition officer under Section 11 of the Act. Sales statistics relating to the village for the period between 16.02.1977 and 06.10.1981 has been marked as Ex.B.2 and the topography showing the acquired land and the data land is marked as Ex.B.3. Commissioner's Report is marked as Ex.C.1, apart from the sketch prepared by him, Ex.C.2. Considering the oral and documentary evidence, the land acquisition tribunal, decided the market value of the acquired land at Rs.1,00,644/- per acre, out of which, 25% of the value was deducted towards developmental expenses and the appellant was directed to pay compensation at the aforesaid rate for the acquired land with other benefits, as per Section 23 of the Land Acquisition Act, 1894. Aggrieved by which, appeal in A.S.No.1313 of 1995 has been preferred.
(3.) AS per the land acquisition proceedings, relating to A.S.No.528 of 1996 and L.A.O.P.No.169 of 1986, an extent of 0.76 acres of land in S.No.750/2 of Avalapalli village, Hosur Taluk was acquired for the Housing Board Scheme. The appellant, Land Acquisition Officer has decided the market value of the acquired land at Rs.5,500/- per acre, accordingly, compensation was awarded. The respondent / claimant received the compensation amount under protest and at his request, the matter was referred under Section 18 of the Land Acquisition Act, 1894. It is seen that the third respondent, who was the third claimant before the Tribunal was examined as C.W.1, apart from marking documents Exs.A.1 to A.8, however, no witness was examined on the side appellant, but the award passed by the Land Acquisition Officer has been marked as Ex.B.1.;