These two appeals have been filed by the Land Acquisition Officer as against the award of the learned Subordinate Judge, Srivilliputhur, made in LAOP.No.6 of 1993 and LAOP.No.4 of 1993.
2.The brief facts that are necessary for the disposal of these appeals are as follows:
The claimant in LAOP.No.4 of 1993 was the land owner of an extent of 0.06.5 hectare in Survey No.918/6 and 1/6th share in the land with Well measuring an extent of 0.01.0 hectare in Survey No.918/5 in Ayyankollankondan Village, Rajapalayam Taluk. Similarly, the claimant in LAOP.No.6 of 1993 was the owner holding an extent of 0.07.0 hectares in Survey No.918/2 and 1/6 share in land and Well that is situated in Survey No.918/5. The land belonged to the claimants were acquired for the purpose of providing house sites to Adi Dravidas. The notification under
Section 4(1) of the Land Acquisition Act was issued on 30.07.1990. By award dated 26.03.1992, the Land Acquisition Officer fixed the market value at Rs.70000/- per acre.
3.Aggrieved by the award of the Land Acquisition Officer, the claimants filed an application under Section 18 of the Land Acquisition Act for getting just compensation. The Land Acquisition Tribunal relying upon the sale deed dated 21.05.1990 marked as Ex.P.9, fixed the market value at Rs.1750/- per cent. In the document dated 21.05.1990, the market value has been shown as Rs.2180/- per cent. Allowing the deduction of 20%, the Tribunal has arrived the market value at Rs.1750/- per cent. As against the judgment of the Land Acquisition Tribunal the above appeals have been filed.
4. The learned Government Pleader argued strenuously on the ground that the Tribunal ought to have allowed more than 35% as deduction from the value shown in the sale exemplar which is in respect of small extent of land.
5.The learned counsel for the respondent relied upon the judgment of this Court passed in a batch of cases in A.S.No.1211 to 1213 of 2001, dated 12.03.2010. This judgment shows that neighbouring lands which are also the subject matter of the same notification was acquired from the holdings of the claimants therein. As against the award in LAOP.Nos.1 to 3 of 1993, those appeals have been filed. This Court after carefully analyzing the facts, confirmed the award of the Tribunal fixing the market value at Rs.2180/- per cent and allowed deduction at 20%. The same judgment was also followed in another set of appeals in A.S.(MD).Nos.280 and 282 of 2002, which were disposed of by judgement dated 05.08.2010.
6. I have gone through the records and the judgments cited by the learned counsel for the respondent. Since this Court has already decided the issue in respect of other cases, this Court carefully considered as to whether there is any difference between the land, which are the subject matter in the previous cases decided by this Court and the lands covered in these appeals. I do not find any reason which would justify any deviation or which would justify adopting a different mode to fix the market value. Even the learned Government Advocate has not produced any material or made any submission to the effect that the compensation for the lands acquired from the claimants in this case, have to be determined differently. Hence, I find no merits in these appeals and the appeals are dismissed. The judgement and decree of the Land Acquisition Tribunal (Subordinate Court, Srivilliputhur) in LAOP.Nos.6 and 4 of 1993, dated 30.04.2001 are confirmed. No orders as to costs.
To The Special Tahsildar, (Land Acquisition), Adi Dravidar Welfare, Srivilliputhur..