- (1.) DELAY condoned. Leave granted. These appeals are directed against judgment dated 11.12.2009 of the Division Bench of the Madras High Court whereby the appeals filed by Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Erode -cum - Revenue Divisional Officer, Erode were allowed and the compensation determined by the Additional District Judge, Fast Track Court -I, Erode (hereinafter described as the 'Reference Court') was reduced from Rs. 20/ - to Rs. 8/ - per square feet.
(2.) BY notification dated 22.05.1991 issued Under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), the State Government proposed the acquisition of 32.10.5 hectares land situated in village Erode for a public purpose, namely, construction of flats and houses by the Tamil Nadu Housing Board (for short, 'the Board') under the Neighbourhood Scheme. The Land Acquisition Officer fixed market value of the acquired land at the rate of Rs. 37,500/ - per acre.
(3.) FEELING dissatisfied with the market value determined by the Land Acquisition Officer, the Appellants and other landowners filed applications Under Section 18 of the Act. Thereupon, the Collector made reference to the Court for determination of the amount of compensation. In the claim petitions filed by them, the Appellants claimed compensation at the rate of Rs. 50/ - per square feet. This was contested by the Board and the Special Tahsildar (LA), Neighbourhood Scheme, who pleaded that the determination made by the Land Acquisition Officer was correct. The Reference Court considered the evidence including the sale transactions produced by the Appellants and held that the market value of the acquired land should be treated as Rs. 30/ - per square feet. The Reference Court deducted 1/3rd towards development cost and declared that the Appellants are entitled to compensation at the rate of Rs. 20/ - per square feet with all statutory benefits.;