R.K. Agrawal, J. - (1.) The above appeals have been filed against the judgment and order dated 06.11.2009 passed by the High Court of Judicature at Madras in A.S. Nos. 88 and 601 of 2001 and Cross Objection No. 27 of 2007 whereby learned single Judge of the High Court allowed the appeal filed by the respondent while dismissing the cross objection filed by the appellant herein.
(2.) Brief facts: (a) On 15.09.1993, the Government of Tamil Nadu, issued a Notification under Section 4(1) of the Land Acquisition Act, 1894 (in short 'the LA Act') for acquisition of dry lands for the purpose of providing house sites to 250 landless poor Adi Dravidars in Acharapakkam Village, Madurandagam Taluk, Chengai, MGR District, Madras, having an extent of 4.30.0 hectares or 10.62 acres. (b) The lands belonging to the appellant herein in Survey Nos. 300/2A2, 300/3, 302/1A, 302/4, 317/1B2, 302/2B2B and 320/2C2 were part of the said acquisition. The Land Acquisition Officer, after complying with the formalities required in connection with the acquisition of land under the LA Act, passed an Award dated 22.03.1995, determining a sum of Rs. 400/- per cent as compensation to the appellant herein. (c) Being aggrieved by the meager compensation, a Reference under Section 18 of the LA Act was sought, seeking market value for the acquired lands at the rate of Rs. 20,000/- per cent before the Subordinate Court, Madurantagam which was filed as L.A.O.P. No. 120 of 1998. Learned subordinate Judge, vide judgment and order dated 27.03.2000, granted compensation at the rate of Rs. 2,500/- per cent together with 30% solatium and 12% additional amount from the date of issue of Notification dated 15.09.1993. (d) Respondent herein, being aggrieved by the judgment and order dated 27.03.2000, filed A.S. No. 88 of 2001 before the High Court. Learned single Judge of the High Court, vide judgment and order dated 06.11.2009 allowed the appeal filed by the respondent herein by reducing the amount of compensation granted by learned subordinate Judge from Rs. 2,500/- to Rs. 1,670/- with solatium and other statutory benefits. (e) Aggrieved by the judgment and order dated 06.11.2009, the appellant has filed these appeals by way of special leave before this Court.
(3.) Heard Mr. V. Prabhakar, learned counsel for the appellant. None appeared from the side of the respondent and perused the records. Point for consideration:-;