This appeal has been filed by the Special Tahsildar, Land Acquisition and Adi Dravidar Welfare, Trichirappalli, as against the award of the Land Acquisition Tribunal in L.A.O.P.No.4 of 1998. An extent of 1.33 acres in Survey No.359/1 in Kovandakurichi Village, Lalkudi Taluk, was acquired by the appellant for allotment of house sites to Adi Dravidas. The notification under Section 4(1) of the Land Acquisition Act was issued on 16.12.1981. The Land Acquisition Officer after holding award enquiry fixed the compensation at Rs.35.71 per cent i.e. equivalent to Rs.3,571/- per acre. Aggrieved by the quantum, the respondents as claimants have filed a petition under Section 18 of the Land Acquisition Act seeking reference to get just compensation and market value for the property acquired from them.
2.The Land Acquisition Tribunal determined the market value at the rate of Rs.1,000/- per cent relying upon the document Ex.C1 which is a sale deed dated 30.12.1980 executed by the second respondent in favour of the third respondent and an extent of 3 cents has been conveyed under this document for a sum of Rs.3,000/-. Aggrieved by the award of the Land Acquisition Tribunal fixing the market value at the rate of Rs.1,000/- per cent, the above appeal has been filed by the Land Acquisition Officer.
3.The only contention that was raised by the learned Additional Government Pleader appearing for the appellant is that the Tribunal has not deducted anything towards development charges. However, from the reading of the judgment of the learned Special Judge in L.A.O.P.No.4 of 1998, the Tribunal has deducted 25% towards development charges from the market value arrived at. The decree of the lower Court also indicates that a specific clause has been incorporated in the decree to deduct 25% out of the amount that has been fixed as market value for the lands. However, the possibility of a different interpretation also considered by this Court. Therefore, Clause 6 in the decree of the lower Court is deleted. The respondents/claimants are entitled to compensation by fixing the market value at Rs.750/- per cent. The respondents / claimants are also entitled to other statutory benefits granted under the Act as it has been granted by the Land Acquisition Tribunal. Therefore, the appeal is dismissed, however, subject to the only modification of the decree of the Tribunal as indicated above so as to avoid any ambiguity. There is no order as to costs. Consequently, the connected miscellaneous petition is closed.
To
1.The II Additional Subordinate Judge, Trichirappalli.
2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai..