The main legal point established in the judgment is the requirement for payment of court fee for enhanced compensation under the Tamil Nadu Acquisition of land for Adi Dravidar Welfare Schemes Act 31 of 1978.

Being aggrieved by enhancement of compensation, enhancing compensation of Rs.1000/- per cent to Rs.45,000/- per cent in respect of lands acquired, Government has filed this appeal. Being dissatisfied with the quantum of enhancement, respondent claimant has filed Cross Objection seeking further enhancement.

2.The lands in S.No.26-0.20 acre, S.No.27/2-0.52 acre, S.No.28-0.26 totalling 0.98 acres of wet lands in Periyakuppam Village, Thiruvallur Taluk were acquired for extension of school building, Adi Dravidar Welfare Elementary School. After serving 4(2) notice on 5. 1999 and issuing 4 (1) notification dt.10. 1999), and after complying with all formalities of Tamil Nadu Acquisition of land for Adi Dravidar Welfare Schemes Act 31 of 1978, the said lands were acquired. Award was passed on 21.03.2000. The Land Acquisition Officer has taken the sale deed of Document No.4405 dated 20.08.1999, in which 0.14 acre of wet land in S.No.44/1B2 was sold for Rs.14,000/- as data land and calculated the compensation for land acquired at Rs.1000/-per cent and awarded compensation of Rs.1,12,700/- as under:-

Land Value for 0.98 acre @ Rs.1000/- per cent : Rs. 98,000.00 Trees and Structures : Nil 15% Solatium : Rs. 14,700.00

: Rs.1,12,700.00

3.According to Appellant the acquired land and data land are similar in all aspects with taram and assessment. Though the acquisition was made under Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act 31 of 1978, like in the Central Act Land Acquisition Officer made a reference under Section 18 of the Land Acquisition Act, which was taken on file in L.A.O.P.100 of 2000. Taking Ex.C1 sale deed dated 012. 1999, and Ex.C2 sale deed dt.30.8.1999 the Court fixed the market value of one cent at Rs.216/- per sq.ft which is equivalent to Rs.94,176/-cent. Deducting 40% for development charges, Court has enhanced the compensation to Rs.45,000/- per cent and also ordered 15% solatium on compensation and an additional amount of 6% per annum.

4.The learned Government Pleader Mr.Ravi submitted that the acquisition being under Act 31 of 1978, claimants ought to have filed appeal and under mistaken impression, Land Acquisition Officer has made reference under Sec.18 of the Land Acquisition Act and therefore, the enhancement of compensation by the Additional District Court FTC No.V is without jurisdiction and therefore the judgment is to be set aside and the claimant is to be directed to file necessary appeal.

5.The learned counsel for respondent/claimant submitted that the acquired land is in the midst of developed area and that F.C.I Godown and bus depot are very near to acquired land and the compensation fixed at Rs.1000/- per cent is very low. The learned counsel for respondent/claimant would further submit that the compensation fixed by the Tribunal is very much low and seeks for enhancement.

6.The lands were acquired for extension of Adi Dravidar Welfare School under Act 31 of 1978. It was submitted that if the claimants were dissatisfied with the amount determined by the Land Acquisition Officer under Sec.6 of the Act, claimants / land owners ought to have filed appeal to the Court within such period prescribed and the reference under Sec.18 of the Land Acquisition Act was not correct. In our considered view, the objection raised by the Appellant Government is only a technical objection.

7.The learned counsel for appellant contended that when proceedings are initiated under Act 31/1978, reference sent under Section 18 is not in conformity with the provisions of law. Under Section 3(c) of Act 31/1978, Court means City Civil Court in the City of Chennai or elsewhere, the Subordinate Judges Court having jurisdiction, and if there is no such Subordinate Judges Court, the District Court having Jurisdiction. It was therefore contended that in Thiruvallur, Subordinate Judge will have jurisdiction to entertain the appeal and while so, reference made under Section 18 of the Land Acquisition Act to Dist