Market value of acquired land to be fixed with reference to date of publication of notification under Sec.4(1) of L.A. Act.

(Appeal against the Judgment and Decree of the Learned Subordinate Judge of Tirupathur in L.A.O.P.No.83 of 1998 dated 30.04.1999.)

K. Mohan Ram, J.

The above appeal has been filed by the Special Tahsildhar (Land Acquisition), Adi-Dravidar Welfare, Thirupattur against the judgment and decree dated 30.04.1999 passed in L.A.O.P.No.83 of 1998 on the file of the Subordinate Judge, Thiruppur.

2. The brief facts are as follows:

The State of Tamil Nadu issued a notification under Section 4(1) of the Land Acquisition Act 1894 (herein after referred to as the “Act”.), seeking to acquire the land belonging to the claimants measuring to an extent of one acre and 62 cents situated in S.F.No.89/1 of Sollur Village, Vaniyambadi Taluk, for a public purpose namely for providing house sites for Adi-Dravidars. The notification was published in the Tamil Nadu Government Gazette on 12.11.1986. The declaration under Section 6 was published in the Tamil Nadu Government Gazette on 19.11.1987. The Appellant Special Tahsildhar passed an award No.14 of 1987-88 dated 24.03.1988. The Special Tahsildhar fixed the market value of the acquired land at the rate of Rs.12,173/- per acre, treating the same as agricultural land and he also awarded a sum of Rs.3,255/- for the well situated in the acquired land. The land was taken possession on 12.06.1991.

3. Aggrieved by the award, the claimants submitted an application under Section 18 of the Act seeking enhancement of the market value. In the counter statement filed by the claimants, it is averred that the value of the well dug has been fixed at Rs.1,00,000/- instead of Rs.3,255/-. The acquired lands are situated within the Ambur Municipal limits. The acquired land is in a residential area and located near the Chennai Calicut National High way and the Chennai Bagalore and Chennai Coimbatore railway line is nearer to the acquired land. The Ambur Railway Station and Vinnamangalam Railway Station are situated near the acquired land. It is further averred in the counter statement that near the acquired lands, there are number of industries, tanneries, bus-stand, and there are about one hundred industries near the acquired land and the acquired land has got the potential for being developed as house sites. The data land relied upon by the Special Tahsildhar is located in a far off place and the Special Tahsildhar has failed to take into consideration the sale deeds dated 29.08.1986 and 03.09.1986 and the claimants have claimed compensation at the rate of Rs.50/- per Sq. Feet. In support of their case, the claimants examined P.Ws.1 to 3, Exs.C1 to C4 were got marked. The Special Tahsildhar was examined as R.W.1 and Exs.R.1 to R.4 were marked.

4. The Reference Court on appreciation of the evidence came to the conclusion that the acquired land is suitable for being used as house sites. There are number of tanneries and other industries like D.A.W., South East, and Hyderabad Bank and there is a village road abetting the acquired land. The Reference Court has also pointed out that R.W.1, the Special Tahsildhar had admitted that since the acquired land is nearer to the Chennai Calicut High Way and there are residential colonies near the acquired land, the acquired land was selected by the Government for providing house sites to Adi-Dravidar’s and hence has held that the acquired land has got the potentiality for being used as house sites.

5. P.W.1, Mahendran, who is the fifth claimant, has spoken to about the various advantages available to the acquired land. He has stated that the acquired land is located near the Ambur Municipal limits in Sollur village. There are number of tanneries, K.R. Polytechnic is there, roughly about 100 tanneries are there, and aluminum industries, plastic industries are also there. There are schools, offices, Post office, etc., are located near the acquired land and the acquired land is located in a developed area and it is suitable for house site and in and around the acquired land, plots