E.Padmanabhan, J.: A.S.No.474 of 1993 has been preferred by the Land Acquisition Officer - Revenue Divisional Officer, Mettur challenging the entire enhancement of compensation awarded by the learned Subordinate Judge of Sankari by judgment and award dated 10th August, 1992 made in L.A.O.P. No.116 of 1991.

2. Mr.N.Swaminathan, sole respondent in A.S. No.474 of 1993 has filed Cross Objection No.87 of 1994, in so far as the learned Subordinate Judge of Sankari in L.A.O.P. No.116 of 1991 has disallowed the portion of the claim for enhanced compensation claimed by the cross objector in the said L.A.O.P. Since A.S. No.474 of 1993 and cross objection arise out of the same common judgment and award, they are taken up together for hearing.

3. A.S. No.512 of 1997 has been preferred by the Land Acquisition Officer, Salem and the Assistant Director of Agriculture, State Seed Farm of Salem as against the judgment and award dated 17th April, 1996 made in L.A.O.P. No.1 of 1995 on the file of the Subordinate Judge of Salem. No cross-objection has been preferred by any one of the eight respondents in this appeal.

4. The subject matter of acquisition in both the appeals arise out of one and the same Notification issued under Sec.4(1) of the Land Acquisition Act and in respect of contiguous lands. Therefore, at the instance of learned Additional Government Pleader and the counsel for the respondents in both the appeals, the above two appeals and one cross-objection were consolidated and taken up together for final hearing.

5. Heard Mr.Ashokan, Additional Government Pleader and Mr.V. Karthikeyan, Government Advocate appearing for the appellants in both the appeals as well as respondent in Cross Objection No.87 of 1994, Mr.B.T. Seshadri, learned counsel appearing for the respondent in A.S. No.474 of 1993 and cross-objector in Cross Objection No.87 of 1994, M/s. Subbiah; ARL. Sundaresan; P. Jagadeesan; G.Jermiah for respondents in A.S. No.512 of 1997.

6. For the formation of Government Coconut Farm in Danishpet Village, at the instance of the Assistant Director, Agriculture (Oil Seeds), Salem, lands were acquired. Notification was issued under Sec.4(1) of the Land Acquisition Act in G.O.Ms. No.139, Agriculture (Oil Seeds) Department, dated 19.2.1990, published in Government Gazette dated 19.2.1990. The lands were already under the occupation of the beneficiary even before issuance of Notification under Sec.4(1) of the Act pursuant to the proceedings of requisition ordered under Tamilnadu Requisitioning and Acquisition of Immovable Property Act, 1956. There were certain proceedings by the land owners and as a result of directions issued by the Division Bench of this Court, the acquisition of lands were undertaken under The Land Acquisition Act 1894. Notification under Sec.4(1) of the Act was published on 19.2.1990; Sec.6 declaration was published on 19.9.1990. Award was passed in Award No.2 of 1991 in respect of the following lands:

Survey No. Extent in Hectares

242/2B 1.12.0

243/1 2.55.0

243/2 1.12.5

244 2.62.0

297/1 2.25.0

———

Total 9.66.5

———

7. In respect of the above 9.66.5 hectares, the land acquisition officer awarded a total compensation of Rs.17,19,670 while fixing the market value of the acquired land at the rate of Rs.44,958 per acre, which works out to Rs.449.58 per cent.

8. The land owner N.Swaminathan claimed the market value at the rate of Rs.2,50,000 per acre. At the instance of land owner, a reference was made under Section 18 of the Land Acquisition Act in respect of the above 9.66.5 hectares, being the subject matter of award No.2 of 1991 dated 23.3.1991 in L.A.O.P. No.116 of 1991 on the file of the learned Subordinate Judge, Sankari.

9. The learned Subordinate Judge, Sankari fixed the market value of the acquired land at Rs.85,000 per acre by judgment and award dated 10.8.1992. Challenging the enhancement, the land acquisition officer has preferred A.S. No.474 of 1993 and the land owner has preferred cross objection in Cross Objecti

Click Here to Read the rest of this document