Jagadeesan, J. - (1.) By consent of both the counsels the appeal itself is taken up for final disposal. The appellant herein acquired an extent of 73 cents in Kolumadai Village for the purpose of providing house sites to the Adi Dravidars. The respondents are the owners of the land. A necessary notification under Sec. 4(1) of the Land Acquisition Act, was published on 4.4.1990. However the appellant took possession of the land on 17.8.1989. There is nothing on record to show that the possession had been taken with the consent of the respondents.
(2.) The Land Acquisition Officer passed the award in Award No. 1 of 1991, dated 18.9.1990 wherein he has fixed the compensation for the land at Rs. 20 per cent. The respondents preferred a reference under Sec. 18 of the Land Acquisition Act. The Sub Court, Cheranmahadevi had enhanced the compensation for the land from Rs. 20 per cent to Rs. 300 per cent. The appellant did not produce any documents. Only the respondents produced four documents. On both the sides oral evidence was let in. After considering the oral evidence as well as the documents produced by the respondents the lower court has fixed the compensation at Rs. 300 per cent by the judgment dated 18.1.1996 in L.A.O.P. No. 18 of 1992. As against the same the present appeal has been preferred.
(3.) The only question argued before this Court is the lower court has relied upon two documents A -2 and A -3, dated 2.4.1985 and 25.5.1991 Ex.A -2 is prior to 4(1) notification and Ex.A -3 is subsequent to 4(1) notification. The lower court is not correct in taking into consideration Ex.A -3 for fixing the value of the land since the same is subsequent to 4(1) notification. Further it is contended by the learned Government Pleader that since no one connected with the documents have been examined the same cannot be accepted in view of the recent Supreme Court judgment.;