The claimants are the appellants in the above appeal.
2.Land in T.S.No.25/1A2A in Udaiyachi village, Devakottai Taluk, of an extent of 3680 Sq.ft. was acquired under 4(1) notification dated 10.06.1992 for the purpose of providing pathway to the residential colony of Adi Dravidars in Saraswathi Vasaga Salai Street. The Acquisition Officer/respondent after complying with the formalities considered 22 sale deeds and after rejecting 21 sale deeds on various grounds has taken into consideration Item No.8 land in Town Survey No.32 of an extent of 1950 Sq.ft., which was sold for Rs.19,500/- and fixed the market value at Rs.10/- per Sq.ft. Not being satisfied with the award passed by the Land Acquisition Officer, the claimants/appellants sought for reference under Section 18 of the Act and reference was made in L.A.O.P.No.01 of 1994 on the file of the Sub Court, Devakottai. The learned Sub Judge enhanced the compensation to Rs.20/- per Sq.ft. As the claimants demanded more amount as compensation, they filed this appeal for enhancement of compensation.
3.During trial Court one witness examined on both sides and the appellants/claimants marked a sale dated 11.03.1992 to substantiate their claim for enhancement.
4.The point for consideration in this appeal is whether the appellants are entitled to enhancement of compensation and if so, what would be the market value that can be fixed for the acquired land?
5.Though the topography is not marked in this case, it is available in the Court record and it is seen from that the acquired land is situate in T.S.No.25/1A2A and it was acquired for the purpose of providing pathway to the Adi-Dravidars houses in the Saraswathi Vasaga Salai road. The respondent has selected the land in T.S.No.32 for fixing the market value. It is seen from the award proceedings that land in T.S.No.30, which is nearer to the acquired land and has got the same advantages and situate just below the acquired land was sold at the rate of Rs.66/- per Sq.ft. on 30.03.1992. The respondent rejected that sale deed on the ground that it was sold for a higher price. It has been held by our Honourable Supreme Court and by this Court while fixing the market value, the Acquisition Officer must consider the value for which the neighbouring lands were sold and take the higher value for fixing compensation. Unfortunately, in this case, the respondent rejected the adjacent land and had taken into consideration the land, which situate more than 1/4th K.M. for fixing the market value. The trial Court has found that T.S.No.30 is situate on the main road and the acquired land is abutting 'Kulakkal' after taking a diversion from the main road. The land covered under Ex.A1 is in T.S.No.26 and it is also in the same Saraswathi Vasaga Salai, where the acquired land is also situate. As a matter of fact, the respondent considered 4 sale deeds in T.S.No.23 and the lower Court on that basis fixed the market value at Rs.20/- per Sq.ft. The lower Court while fixing the market value at Rs.20/-per Sq.ft. misconstrued Block No.26 as T.S.No.26 and fixed the market value at Rs.20/- per Sq.ft., on the basis of sale deeds mentioned as Item No.1 to 4 in the award proceedings. The lands covered under sale deeds 1 to 4 in the award proceedings are in respect of Block No.26, T.S.No.23, which is far away from the acquired land and the lower Court misconstrued that it is in respect of T.S.No.26 and fixed the market value of the acquired land at Rs.20/- per St.ft. As stated supra, T.S.No.30 is situate just below the acquired land and that was sold at Rs.66/- per Sq.ft. and the lands covered under Ex.A1, which is situate in T.S.No.26 on the same road was also sold at Rs.66/- per Sq.ft. Therefore, in my opinion, the correct market value that can be fixed for the acquired land will be at Rs.66/- per Sq.ft. and accordingly, I fix the market value at Rs.66/- per Sq.ft.
6.In the result, the appeal is allowed in part and the market value of the acquired land is enhanced from 20/- to Rs.66/- per Sq.ft. In other aspects, the decree and judgment of the lower Court is confirmed. There is no order as to costs.
er To,
1. The Subordinate Judge, Devakottai.
2. The Section Officer, V.R.Section Madurai Bench of Madras High Court, Madurai