- (1.) THIS appeal is focussed as against the judgment and decree dated 8.9.1997 passed in L.A.O.P.No.49 of 1996 by the Subordinate Judge, Bhavani. For convenience sake, the parties are referred to here under as per their litigative status before the trial Court.
(2.) HEARD the learned counsel appearing for the parties. The nut-shell facts, which are absolutely necessary and germane for the disposal of this appeal would run thus:The Government vide Notification dated 1.8.1992 made under Section 4(1) of the Land Acquisition Act, intended to acquire the land measuring an extent of 0.01.0 hecters in Survey No.1092/1A, 0.05.0 hecters in Survey No.1096/1A in Periyar District, Bhavani Taluk, Andhiyur Village, for the purpose of Highways Department. After complying with the procedures, the Land Acquisition Officer acquired the land and passed an award dated 24.7.1995 assessing the compensation in a sum of Rs.136/- per cent. Being aggrieved by such awarding of the compensation, the land owners got the matter referred to the Sub Court under Section 18 of the Land Acquisition Act.
(3.) DURING enquiry, before the trial Court the second claimant examined himself as C.W.1 and marked Ex.C1 to Ex.C3 were marked on claimants side. On the side of the respondent, the land Acquisition Officer one Pauldurai was examined as RW1 and Ex.R1 to Ex.R3 were marked. Ultimately the Sub Court awarded the compensation of Rs.510/- in respect of the land acquired in S.No.1092/1A apart from ordering Rs.1,075/- towards trees and Rs.7,500/- towards sand resources and a sum of Rs.2,956/- in respect of the land acquired in S.No.1096/1A and Rs.1,625/- towards trees. Being dissatisfied with such awarding of enhancement, the claimants preferred this appeal on various grounds, the pith and marrow of them would run thus: (a) The reference Court failed to appreciate even the admitted evidence on the side of the claimants.(b) The reference Court failed to take into consideration the potentiality of the land.(c) The reference Court erred in not taking into consideration the documents marked as Exhibits A1 to A3 on the side of the claimants.Accordingly the appellants prayed for setting aside of the judgment and decree of the trial Court.;