Criteria for determination of compensation to be paid to land owners.

AR. Lakshmanan, J.

The above three appeals have been filed against the common order of the learned Subordinate Judge, Srivilliputhur, dated 5. 1991 in L.A.O.P. Nos.13 to 15 of 1989.

2. The lands in Kooraikundu village in Survey Nos.l57/2A, 158/1 A, 158/1B, 158/IC and 159/4 are the lands acquired for the construction of Government offices and residential quarters for the district head quarters of Kamarajar District as per the notification issued under Sec.4(1) of the Land Acquisition Act (hereinafter referred to as the Act). The same was published in the Extraordinary issue of the Tamil Nadu Government Gazette dated 23. 1985 and the substance of the said notification had been published in the locality on 30.3.1985. The Government have approved the declaration under Sec.6 of the Act and the same was published in the Gazette on 30.4.1985. The same was also published in the newspapers on 5. 1985. The substance of the declaration had been published in the locality on 5. 1985 and an Erratum to the declaration had also been published in the Gazette on 7. 1985 and in the locality on 17. 1985. A sum of Rs.11,638.15 was awarded to the claimant for Survey No.157/2A of an extent of 1.05.0 hectares. Likewise, a sum of Rs.2.50,419.10 was awarded as compensation for an extent of 45. 5 hectares of land in Survey Nos.l58/A, 158/1B and 159/4 at the rate of Rs.7,410 per hectare for Survey Nos.158/1A and 158/1B and at Rs.20,632 per hectare for Survey No.159/4 and a sum of Rs.9,476.75 was awarded as compensation for an extent of 0.85.5 hectare in Survey No.158/1C, besides solatium and interest, from the date of Sec.4(1) notification to the date of taking possession of the lands.

3. The claimant has objected to the rate fixed for the lands as low and requested the Special Tahsildar, Land Acquisition, to refer the matter to court for enhanced compensation. He has received the compensation awarded under protest. As requested by the claimant a reference under Sec.18 of the Act was made to the Sub Court, Srivilliputhur. As the area notified for acquisition was extensive and as writ petitions were pending in this Court in respect of certain survey numbers, the Special Tahsildar, Land Acquisition, split up the same into eight units as could be seen from his award dated 24. 1987. The claimant’s lands have been considered for compensation under Unit No.8 along with the lands belonging to a few others.

4. The award enquiry was conducted by the Special Tahsildar on 24. 1987 at the Taluk Office, Virudhunagar. The claimant was present at the time of enquiry. It is also seen from the award that the acquisition proceedings had been initiated under the emergency provisions under Sec.17(1) of the Act and pending passing of the award under Sec.11 of the Act, 80% estimated compensation payable for the lands under acquisition was already ordered to be paid under the proceedings of the Special Tahsildar, Land Acquisition, dated 24. 1987 and possession was taken on the same date. The remaining 20% compensation payable for the lands was ordered to be paid under the award proceedings dated 24. 1987.

5. The Special Tahsildar, Land Acquisition, while considering the valuation aspect of the lands observed in his award that the lands in question are Situated in compact blocks and they are contiguous. Hence, he has taken the sales which took place in the village during the period from 30.3.1982 to 24. 1985 for. consideration for fixing the value of the lands under acquisition. It is seen from his award that there have been 1,272 sales, details of which have been furnished in the award itself. It is stated that the Special Tahsildar inspected the lands under acquisition and also the lands sold in the vicinity. There have been 1,263 sales of ordinary dry lands, out of which 669 sales have taken place in the Survey Numbers which are situated at a distance of more than four furlongs and since the lands covered by those sales are situate at a distance of four furlongs