The main legal point established in the judgment is the determination of the market value of acquired land under the Land Acquisition Act, emphasizing the crucial date for fixing the market value and the factors to be considered in determining the compensation.

1. The Appellant / Referring Officer, has preferred this instant Appeal as against the Award, dated 14.05.1993 in L.A.O.P.No. 402 of 1985 passed by the learned Sub-Judge, Tiruvallur (Tribunal).

2. The Government have acquired 22.64 acres of land situated in the village of Varivankuppam in Block - VI, in the Taluk of Ponneri, in the registration Sub-District of Ponneri, in the District of Chengalpattu and registered in the name of, or occupied by the persons mentioned in the award, dated 03.09.1984 passed by the Special Tahsildar (LA), SHAR, Unit-VI, Ponneri.

3. In the award of the Special Tahsildar (LA), SHAR, Unit-VI, Ponneri, dated 03.09.1984, it is among other things mentioned that in S.No. 20, 9 acres and 10 cents has been registered in the name of Desammal and Pakkiri and S.No. 24/1 measuring an extent of 13.54 acres is registered in the name of K.Munusamy, son of Krishnasamy Pillai. In all for the extent of A.22.64 cents, the compensation due has been mentioned as Rs.77,653.60. In respect of the first respondent/Claimant ( in L.A.O.P.No. 402 of 1985) in S.No. 24/1 and an extent of A 13.54cents have been acquired, for which, the compensation due is mentioned as Rs.47,672.05.

4. It transpires that the Government of India, Department of Space, have requested the State Government to acquire the entire patta lands, transfer all the poramboke lands in their favour and hand over the entire lands in 252, Karimanal Village in Ponneri Taluk in Chengalpattu District for expansion of their Satelllite launching station, Sriharikotta. The entire population of the village has to be evacuated from this village, consequent on the acquisition proceedings initiated to acquire the patta lands and occupied private nathams of 252, Karimanal village. For the purpose of rehabilitation, the affected persons and provide them house-sites, an extent of A.81.74 cents of patta lands situated in Vairavankuppam, Kottaikuppam, H/o. Pulicat village was ordered to be acquired by the Government as per G.O.Ms.No. 2261, Education Department, dated 14.10.1981.

5. An extent of A.81. 74 cents have been split up into six blocks for speeding up the Land Acquisition proposals and the same is as follows:-

Block No.Extent A.C.

I 27.45

II 4.92

III 6.00

IV 1.62

V 15.00

VI 26.75

Total81.74 Acres

6. The Draft notification and the Draft Declaration notification pertaining to the urgency provision of the Land Acquisition Act in respect of Block No.I, measuring an extent of 26.75 acres was approved by the Government in G.O.Ms.No. 216, Education, Science and Technology Department, dated 3.2.1983 and published in Notification No. 1060 at Pages 7 and 8 of Supplement to Part-II, Section 2 of the Tamil Nadu Government Gazette, dated 2.3.1983. The Special Tahsildar (LA), SHAR, Unit-VI, was authorised under Clause (c) of Section 3 of Land Acquisition Act to perform the functions of the Collector.

7. Pursuant to the notification, the enquiry as per Section 11 of the Land Acquisition Act was conducted by the Special Tahsildar (LA), SHAR, Unit-VI at Pulicat Village on 13.06.1983 and other subsequent dates after following the prescribed necessary formalities by serving individual notices as per Section 9(3) and 10 of the Land Acquisition Act and by publishing notices under Section 9(1) and 10 of Land Acquisition Act in the village, Taluk Office, Ponneri and in the office of the Collector (LA).

8. Notices as per Section 9(1) and 19 and 9(3) and 10 were duly published and served in accordance with the rules and the award enquiry was conducted on 13.06.1983 and on other subsequent dates.

9. The present Appeal is concerned with S.No. 24/1 measuring an extent of Acres 13.54 cents belonging to the first respondent/ claimant. The first respondent /claimant before the Special Tahsildar (LA), SHAR, Unit-VI, Ponneri has claimed compensation per cent at Rs.360/- in respect of the acquired lands 13 Acres and 54 cents in S.No. 24/1. The Special Tahsildar (LA) in respect of the lan