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2000 Supreme(Mad) 1234

P.SHANMUGAM, A.SUBBULAKSHMY
Special Tahsildar (LA) – Appellant
Versus
Pavayammal – Respondent


Advocates Appeared:
Mr. V. Ravi, Additional Government Pleader (Appeal Suits) for Appellant.
Mr. T. Murugamanickam, Advocate for Respondent.

Judgment :

P. Shanmugam, J.

1. The Land Acquisition Officer/respondent is the appellant herein.

2. A.S.No.54 of 1992 relates to the acquisition of an extent of 1.10.5.hectares of land in Survey No.511/2 of Periasemur Village, Erode Taluk for the purpose of Tamil Nadu Housing Board Scheme. Notification under section 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.1,82,510.15 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.








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