Enhancement of compensation justified due to nearness of the property to the City.

K. Raviraja pandian, j.

The Appeal suits in A.S. Nos.150 and 704 of 1997 are preferred against the judgment and decree dated 30.4.1996 made in L.A.O.P. No.6 of 1987 on the file of Principal Subordinate Judges Court, Coimbatore. A.S. No.150 of 1997 is filed by the claimant for enhancement of compensation. A.S.No. 704 of 1997 is filed by the Land Acquisition Officer representing the Government disputing that the compensation fixed by the reference Court as very high.

2. The facts of the case in brief are as follows:

The Land Acquisition Officer-Sub-Collector Coimbatore acquired an extent of 6.67 acres of land in S.Nos.522, 523 and 55 of Sowripalayam village of Coimbatore District from the claimant for the purpose of erection of 110 KV sub station under urgency provision. Notification under Section 4(1), declaration under Section 6 and direction under Section 7 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") have been published in the Government Gazette dated 20.4.1983. The land was taken possession on 2. 1979. There were as many as 608 sales during the period from 1. 1981 to 14. 1983, out of which 228 sales have been rejected as they were sales in respect of house sites either in approved or unapproved layouts. The sales covered under other 15 documents have also been discarded as the Land Acquisition Officer was of the opinion that they have purchased for fancy price for erecting small factories. The remaining sale deeds are pertaining to agricultural lands and the rate per acre was ranging from Rs.30,000/- to Rs.75,000/-, out of which two sale deeds have been taken for consideration under which an extent of 3.60 acres in Survey Nos.20 and 21 has been sold through seven documents for one and the same rate at the rate of RS.75,000/- per acre. Hence, out of the seven sales, the sale covered by document No.3263 dated 27. 1982 has been taken as a data document. Under that document, an extent of 0-60 acres in Survey Nos.20 and 21 has been sold for Rs.45,000/-at the rate of Rs.75,000/- per acre. On that basis, the value of the land has been determined at RS.75,000/- per acre by the Land Acquisition Officer and the total value for 6.67 acres has been arrived at RS.5,00,250/-. In addition to that, 30 percent solarium i.e., Rs.1,50,075/- and additional amount at 12 percent per annum from 20.4.1983 to 19. 1986 in a sum of Rs.2,05,1050. ps, has been granted, totaling in all Rs.8,55,4250. ps. The claimant feeling aggrieved that the compensation awarded is too law price prevailing during the relevant period sought for reference under Section 18 of the Act. The Reference so made has been taken on file in L.A.O.P. No.6 of 1987.

3. Before the Reference Court, the claimants relied on two sale deeds dated 11. 1982 and 110. 1982 which were marked as Exs. C.1 and C.2 and claimed compensation at the rate of Rs.42,000/- per cent.

4. The Reference Court after considering the evidence, both oral and documentary and after hearing the argument of the parties concerned, determined the compensation at the rate of Rs.10,000/- per cent and held that the claimants are not entitled to the additional amount of 12 percent under Section 23(1A) and further held that they are not entitled to interest over the solarium.

5. The Land Acquisition Officer aggrieved by the order of the Reference Court filed an appeal in A.S.No.704 of 1997. The Claimant in their turn filed appeal in A.S.No.150 of 1997 for further enhancement of the compensation.

6. During the pendency of the appeals before this Court, the Land Acquisition Officer sought to file two documents by filing C.M.P. No.9021 of 2006. This Court by order dated 9. 2006 taking note of the judgments of the Supreme Court in the case of K. Venkataramiah Vs. A. Seetharama Reddy and Others, (AIR 1963 SC 1526) and A.P. State Wakf Board, Hyderabad Vs. All India Shia Conference (Branch), A.P. and Others ((2000) 3 Scc 528), transmitted the material case bundle to the reference Court and di