P.Shanmugam, J: The Land Acquisition Officer/respondent is the appellant herein.

2. A.S.No.57 of 1992 relates to the acquisition of an extent of 0.57.5 hectares of land in Survey No.505/3 of Periasemur village, Erode Taluk for the purpose of Tamil Nadu Housing Board Scheme. Notification under Sec.4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published on 15.7.1981. An Award No.2 of 1986 was made on 11.8.1986 fixing a compensation at the rate of Rs.83,940 per hectare (Rs.33,984 per acre). At this rate, on the acquired land along with trees and building, a total compensation of a sum of Rs.92,298.25 was awarded. The Land Acquisition Officer has awarded 30% solatium and interest of 12% on this amount. The learned Subordinate Judge has enhanced the compensation and fixed the land value at Rs.9,800 per acre (which is equivalent to Rs.98,000 per hectare or Rs.3,967 per cent). Aggrieved by this enhancement, the above appeal is preferred.

3. According to the learned Additional Government Pleader, the court below ought to have rejected the claim of the respondents since they have not proved the market value with the relevant documents. The reliance of Ex.A.2 namely the value fixed in O.P.Nos.13, 14 and 16 of 1984 is improper. He submitted that due allowance should be given for developmental charges.

4. Learned counsel appearing on behalf of the respondent submitted that the lands are located very near to the Erode Town and are eminently suited for putting up house sites. According to him, there are cinema theatres and industrial establishments, shops, Kalyana Mandapam, educational institutions, housing colonies near the acquired lands. He further submitted that the price of the lands was increasing day-by-day since Erode has become the District Headquarters and therefore, the value fixed by the learned Judge itself is very low and requires to be enhanced at the rate of Rs.20 per sq.ft. and he has preferred cross appeal on that basis.

5. We have heard the counsel for the appellant and the respondents and considered the matter carefully.

6. According to the Land Acquisition Officer, there were 244 sales between 16.7.1978 and 15.7.1981, i.e., three years prior to the notification under Sec.4(1). Of these, sale item No.147 was taken as a data land, which is an extent of 1.04-1/2 acres of land in S.No.266-A (New S.No.504/4), has been sold for Rs.40,000 per acre as per the document Ex.B.2 dated 20.7.1979. According to the Officer, this land is located very near to the acquired lands and is comparable sofaras the value is concerned and therefore, he fixed the value at Rs.33,984 per acre (Rs.83,940 per hectare). However, the Land Acquisition Officer had not taken into account the potentiality of the lands under acquisition and the advantages that the lands enjoy and their nearness to the industrial establishments, housing colonies, cinema theatres, etc. The Officer had also not taken place and the rising prices consequent on the formation of the Periyar District with Headquarters at Erode. Taking into account these developmental aspects and potentialities of the lands being used as house sites, the advantages they enjoy and the similar value fixed under Ex.A.2, the learned Judge has found that reliance of Ex.B.2, the data sale deed dated 20.9.1979, cannot be accepted. At the same time, the learned Judge did not agree with the value fixed under Ex.A.2 in reference to L.A.O.P. Nos.13, 14 and 16 of 1984 dated 5.7.1990, which works out to Rs.7 per sq.ft., which is equivalent to Rs.3,05,200 per acre. According to him, the lands are not comparable and there are differences between the facilities enjoyed by the lands covered under Ex.A.2 and the lands under acquisition. However, considering the potentiality and the rising prices and the facilities that the lands under acquisition are enjoying, he has enhanced the compensation at the rate of Rs.98,000 per hectare from Rs.83,940 as awarded by the Land Acquisition Officer. H

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