- (1.) THESE appeals have been directed against the common judgment and decrees passed in L.A.O.P.Nos.15/1991 and 16/1991 dated 17.10.1995 by the learned Subordinate Judge, Tiruppatthur.
(2.) TOTALLY an extent of 9.0 acres situated in the Elagiri Village in the Elagiri Hills, Tiruppatthur Taluk, Vellore District for organization of Basis Biovolatine Silk Worm Seed Farm under National Silk Work Seed Project, Bangalore was acquired. Out of the 9.0 acres acquired by the Government, 6.85 acres comprised in Survey No.278/1A belonged to one Govindan Gounder and his son Jagannathan Gounder, respondents in A.S.No.604/1996. The remaining extent namely 2.15 acres comprised in Survey No.279/3B belonged to Raji, the respondent in A.S.No.603/1996. The notification under Section 4(1) of the Notification was published on 22.06.1983. After completion of 5A enquiry, the draft declaration was submitted to the Government. The same was approved in G.O.Ms.No.1174(Ind.) dated 20.09.1993 and published in the Tamil Nadu Government Gazette dated 05.10.1983. As the total extent acquired in Survey No.278/1A was by mistake noted in the said notification as 0.85 acres. An erratum was published correcting the extent to 6.85 acres in the Tamil Nadu Government Gazette dated 22.12.1983. The Land Acquisition Officer after collecting the data sales, in order to fix the market value of the acquired land sales statistics incorporating the sales of land that took place in the village for a period of 3 years preceding the date of publication of 4(1) notification after the period from 21.06.1980 to 22.06.1983 which numbered 205. After rejecting 201 sales for various reasons cited in the award of the Land Acquisition Officer, he took into consideration 4 sales relating to Survey Nos.280, which lies on the north side of the acquired land. Out of 4 sale deeds he relied on Document No.66 dated 21.07.1982 wherein an extent of one acre in Survey No.280/3 without any well or superstructure had been sold for a sum of Rs.8,000/- was taken as the data sale based on which award compensation for the acquired land fixed the market value at Rs.1,200/- per cent (Rs.1,20,000/- per acre).
(3.) SO far as the LAOP No.15/1991 concerned, the total compensation was fixed at Rs.3,71,309.40 which included the additional compensation awarded over and above the amount awarded by the Land Acquisition Officer which was fixed at Rs.3,13,443/- which amount was directed to be paid with an interest at the rate of 9% per annum for a period of one year from the date of taking possession and thereafter at the rate of 15% per annum. SO far as LAOP No.16/1991 is concerned, the total compensation was fixed at Rs.12,05,892.40 for the enhanced amount of compensation after deducting the amount as per the award of the Land Acquisition Officer was worked out at Rs.10,17,962/- which amount was directed to be paid with an interest at the rate of 9% per annum for a period of one year from the date of taking possession and thereafter at the rate of 15% per annum. The learned Subordinate Judge has also directed payment of interest at the rate of 9% per annum for the above said sum from the date of taking possession for a period of one year and at the rate of 15% per annum thereafter.;