Claimants are entitled to additional amount at 12% per annum from the date Tamil Nadu Electricity Board took possession of land.

P. SATHASIVAM, J.

Since all the appeals arise from a common order passed by the Principal Subordinate Judge, Tirunelveli dated 31.8.1995, made in I.A.O.P.Nos.120 to 126 of 1992, the appeals are being disposed of by the following common judgment.

2. The Land Acquisition Officer and Revenue Divisional Officer, Tirunelveli, aggrieved by the common order of the Principal Subordinate Judge, Tirunelveli dated 31.8.1995, preferred A.S.Nos.289 to 295 of 1996. Not satisfied with the amount fixed by the Sub-Court, the claimants therein preferred A.S.Nos.206 to 212 of 1999, wherein they prayed for enhanced compensation to a restricted amount of Rs. 1,000/- per Cent. They also claimed additional amount under Section 23(1-A) of the Land Acquisition Act; interest on the enhanced compensation under Section 28 ; and interest under Section 34 of the Act.

3. Heard Mr. J. Viswanathan, learned Government Advocate for Land Acquisition Officer/Revenue Divisional Officer, Tirunelveli; Mr. T.S.R. Venkataramana, learned counsel for respondents/land-owners; end Mr. A. Baskar, standing counsel for Tamil Nadu Electricity Board/requisitioning body.

4. First, we shall consider the appeals filed by Land Acquisition Officer/Revenue Divisional Officer. A total extent of 4.44.0 hectares (10.97 acres) were acquired by the Government for construction of Power House 110/11 K.V. Sub-Station, V.M. Chatram. First Notification under Section 4(1) of the Land Acquisition Act, 1894 (Central Act) (hereinafter referred to as “the Act”) was published on 27.10.1982. Since the proceedings of the first Notification lapsed, again it was published in the Gazette on 20.9.1989. After enquiry, the Land Acquisition Officer passed an award fixing market value at the rate of Rs. 1002/- per Cent. Not satisfied with the amount fixed by the Land Acquisition Officer, at the instance of the land-owners, the matters were referred to Sub-Court, Tirunelveli which resulted in L.A.O.P. Nos. 120 to 126 of 1992. As stated above, the learned Subordinate Judge, by the common order, fixed market value at the rate of Rs. 1500/- per Cent and also granted other statutory amounts. It was brought to our notice by learned counsel for the claimants that the learned Subordinate Judge, basing reliance on Exhibit R-2-Sale deed dated 17.10.1989, filed by the Land Acquisition Officer, fixed market value at the rate of Rs. 1,500/- per Cent, as rightly pointed out by the learned counsel for the claimants, the Land Acquisition Officer was not justified in filing the appeals, namely, A.S. Nos. 289 to 295 of 1996. On this short ground, those appeals filed by the Land Acquisition Officer are liable to be dismissed.

5. Now let us consider the other aspects, namely, enhanced claim, additional amount and interest. Learned counsel for the claimants by drawing our attention to Topo-sketch (Exhibit R-1), would contend that the property under Exhibit C-9 is too far away and lies South of the road; on the other hand, Exhibit C-1 property share the boundary with the acquired property and has the same “Tharam”. According to him, the actual value of Exhibit C-1 property is Rs. 4,000/- per Cent, but the actual consideration paid by purchaser was only Rs. 2,500/-. Accordingly, the claimants restricted their claim at Rs. 2,500/- per Cent. Since the Sub-Court has fixed at the rate of Rs. 1,500/-, the claimants in their appeals restricted their claim and paid Court-fee for it in the appeals for the difference of Rs. 1,000/-per Cent. Accordingly, they prayed to fix Rs. 2,500/- per Cent and enhance the award by another Rs. 1,000/- per Cent. In the light of the argument of the learned counsel for the claimants, we verified the survey numbers, extent, actual location etc., of the lands covered under Exhibits C-1 to C-9 and Exhibits R-2 and R-3 from Topo-Sketch-Exhibit R-1. There is no basis to arrives at a conclusion that the land South of the road are undeveloped and comparatively lesser in value. Even according to the clai