- (1.) We have heard learned counsel for the parties.
(2.) An area of 83,474 Sq. Ft. of land situated on the outskirts of the town of Erode was acquired by the notification, D/14th March, 1973 issued under Section 4(1) of the Land Acquisition Act (for short 'the Act') for the construction of LIG and MIG houses. Possession of the land was taken over in December, 1980. The Land Acquisition Collector offered compensation at the rate of Rs. 1.35 per Sq. FL. vide the award, D/- 30th December, 1980. Not satisfied with the amount offered, the appellants sought a reference under Section 18 of the Act and on such reference, the Land Tribunal. Erode, enhanced the rate of compensation to Rs. 3.20 per Sq. Ft. vide the judgment, D/- 27th April, 1984. The appellants carried matter in appeal to the High Court seeking further enhancement of the compensation. Before the High Court as noted in the judgment, Rs. 7.00 per Sq. Ft. was claimed. The High Court on assessing the material on record further enhanced the rate of compensation to Rs. 5.00 per Sq. Ft. Hence, this appeal by the claimants.
(3.) The main thrust of the arguments of Shri S. Balakrishnan, learned senior counsel appearing for the appellants, is that from the material on record it is clear that the rate of compensation fixed by the High Court is on the lower side the appellants are entitled to a higher rate of compensation at least Rs. 7.00 per Sq. Ft. He drew our attention to a Judgment rendered by the High Court shortly before the decision in the present case, in which land acquired by a notification issued on the same day, for the similar purpose was assessed at Rs. 8.50 per Sq.ft.;