LAND ACQUISITION OFFICER AND REVENUE DIVISIONAL OFFICER Vs. RANGATHAL

JUDGEMENT

(1.) Heard Mr.V.Ravi, learned Special Government Pleader (AS) for appellant and Mr.Md. Hussain, learned counsel for M/s.Sree Associates,appearing for second respondent. The first respondent has not appeared either in person or through counsel.

(2.) This appeal is filed by the Land Acquisition Officer-cum-Revenue Divisional Officer, Coimbatore against the judgment and decree made in LAOP No.119 of 1987, dated 31.12.2004 on the file of the learned I Additional Subordinate Judge, Coimbatore.

(3.) The facts leading to filing of the appeal are as follows: The appellant had notified 42.21 acres of lands in Kalapatti and Uppilipalayam villages of Coimbatore comprising of several survey numbers. The lands were required for extension of runway for Civil Aerodrome at Peelamedu, Coimbatore. After following due procedures, the Acquisition Officer passed Award No.5 of 1984, dated 10.7.1984 fixing the land value at the rate of Rs.10000/- per acre. The respondent land owner was aggrieved by the lower rate of compensation. Therefore, he requested for reference under Section 18 of the Land Acquisition Act. The matter was referred to the Sub Court, Coimbatore. Before the Sub Court, on behalf of the first respondent herein, she examined herself as C.W.1. On behalf of the requisitioning body, one Gopalakrishnan was examined. On the side of the appellant, one Narayanamurthy was examined as R.W.1. On the side of the claimant, eight documents were filed and they were marked as Exs.C.1 to C.8. On the side of the appellant, five documens were filed and they were marked as R.1 to R.5. On the side of the requisitioning body, six documents were filed and they were marked as Exs.R.6 to R.11.