S.A. No. 892 of 2007. Case: Special Tahsildar, Adi Dravidar Welfare Vs 1. Kandasamy, 2. Chandra, 3. Thangarasu, 4. Manickam. High Court of Madras (India)
| Case Number | S.A. No. 892 of 2007 |
| Counsel | Bhavani Subbarayan, R. T. Doraisami |
| Judges | R. Banumathi, J. |
| Issue | Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 - Sections 7(2), 12, 8 |
| Judgement Date | December 10, 2009 |
| Court | High Court of Madras (India) |
Judgment:
R. Banumathi, J.
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This Second Appeal arises out of Judgment in C.M.A.No.23 of 1997 dated 11.07.2006 on the file of Principal Sub Court, Gobichettipalayam enhancing market value of the acquired land from Rs.19,044/- per acre to Rs.1,25,000/- per acre.
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Brief facts which led to the filing of Second Appeal are that an extent of 1.41.0 Hectare of land situate in S.No.18/4c and an extent of 0.45.05 Hectare of land situate in New S.No.18/5A, and 0.45.5 Hectare of land situate in new Survey No.18/5B and thus totalling to 1.30.5 Hectare = 3.22 acres of land at Kondayampalayam Village was acquired for the purpose of providing house sites to homeless Adi Dravidars in Thuraiyampalayam Village under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act 1978 (hereinafter shortly called as Act 31/78), under the provision of the Act 31/78 and awarded compensation of Rs.70,520/- for the extent of 3.22 acres acquired. Section 4(1) notification was published on 02.03.1996. After due adherence to all statutory provisions under the Act 31/78 passed an award in Award No.9/1996-1997, dated 18.3.1997. In the said award, the market value for the land acquired was fixed at Rs.19,044/- per acre. In arriving at the said market value, the Competent Authority had taken the data sale deed Ex.R2 dated 28.8.1995 registered as Document No.729/95 under which one acre of land was sold for Rs.19,044/-.
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Being aggrieved by the fixation of market value at Rs.19,044/-, respondent filed an appeal in C.M.A.No.23 of 1997. Lower Court has taken Ex.A1 sale deed (dt.29.3.1995) for 1388 Sq.ft sold at Rs.22,746/- as document for comparison. Pointing out that location of acquired land is near to schools and shops, Court enhanced the compensation to Rs.1,25,000/- per acre. For the total extent of 3.22 acres, Court awarded enhanced compensation of Rs.4,02,500/- and 15% solatium was awarded plus interest at the rate of 6%.
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Being aggrieved by fixation of market value at Rs.1,25,000/- per acre, government preferred this Second Appeal. The following substantial questions of law arise for consideration:-
A. Whether the court below had erred in not appreciating the provision of Sec.8 of the Act 31/78 wherein it is made clear that in the fixation of determining the amount of compensation, the purpose for which the land acquired shall not be a criteria and nature of land on the date of 4(1) notification shall be a criteria for determining the compensation.
B. Whether the Court below had erred in not deducting 1/3rd amount of the market value towards developmental charges are held by the Apex Court reported in 1990 SC 1028, 1998 (2) SCC 150 and 1995 (5) SCC 426 and 2003 (12) SCC 334 (2003) 12 SCC 334?
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The learned Additional Government Pleader Ms.Bhavani Subbarayan contended that based on comparable sale deed for land of similar nature under Ex.R2, Land Acquisition Officer fixed the market value at Rs.19,044/- per acre. While so, Court below erred in placing reliance upon Ex.A1 sale deed (dt.29.3.1995), wherein the extent of land sold was only 1338 sq.ft, whereas the extent of land acquired is more than one acre. It was further...
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