R. Subbiah, J.

1. This Review Application has been filed to review the judgment (18.10.2012) delivered in S.A.No.850 of 2005.

2. Review Applicant is the respondent in the Second Appeal, which was filed by the Government aggrieved over the enhancement of compensation from Rs. Rs.69,712/-per acre to Rs.60,000/- per plot (2400 sq.ft.) for the lands acquired in Pachal Village, Tirupattur Taluk, Vellore District, with a view to provide house sites to Adi-Dradivars of Lakshmipuram and Kalarmedu of Pachal Village. For easy reference, parties are hereinafter referred to as claimant and Government respectively.

3. This Court, by judgment dated 18.10.2012, partly allowed the said appeal filed by the Government by reducing the rate of interest from 12% to 6% and confirmed the compensation awarded in the judgment and decree dated 12.01.1998 by the Reference Court (Sub Court), Tirupathur in L.A.A.No.6 of 1997. Now, the present review application is filed by the claimant for enhancement of the award amount in the appeal filed by the State based on the observation made by this Court in the judgment dated 18.10.2012. Therefore, it is necessary for this Court to deal with certain facts, which are necessary to dispose of the review application.

4. Originally the lands measuring to an extent of 5 acres and 33 cents (2.16.0 Hectare) lying in S.No.120/1, Pachal Village, Tirupattur Taluk, Vellore District, belonged to the claimant, by name, P.R.Srinivasan and they were acquired for providing house sites to Adi-Dravida families of Lakshmipuram and Kalarmedu of Pachal Village. Section 4(1) Notification was published on 02.08.1996. Enquiry was conducted on 14.08.1996 and the land owner appeared before the Special Tahsildar and requested that Rs.13,000/-has to be fixed per cent as the market value. Rejecting the said request, Notification had been published in the District Gazette on 02.12.1996. 32 sale deeds were gathered and out of which, Sl.No.16, sale deed dated 12.06.1996 (Ex.B-2) relating to land measuring to an extent of 0.52 cents in S.No.71/1C, registered as Doc.No.1800/1996, which was sold for a sum of Rs.46,000/-, was taken as sale of comparable instance and the said land was taken as data land. The Special Tahsildar, based on the said document, fixed the value per acre at Rs.69,712/- and awarded Rs.3,72,262/-for the acquired land. In the acquired lands, there were two wells, one pumpset, one tiled house, 52 coconut trees and 112 tender coconut trees. Award was passed by the LAO on 27.03.1997, awarding compensation for acquired land and other things at Rs.7,05,379/-. Aggrieved over the said compensation, the claimant has preferred an appeal in L.A.A.No.6 of 1997 before the Sub Court, Tirupathur and the said Court, after considering the entire evidence, found that the land under acquisition measuring 5.34 acres (2.16.9 Hectare) was already converted into housing plots by the owner of the land as early as in the year 1986 itself and thus, calculated the market value per ground (2400 sq.ft.). For this purpose, Reference Court has relied upon Ex.A-5 sale deed marked through C.W.3, through which a plot measuring to an extent of 3600 sq.ft. situated nearer to the acquired land was sold for a sum of Rs.1,41,000/-i.e.Rs.39/- per sq.ft. Hence, Reference Court has arrived at a sum of Rs.93,600/- as market value per plot measuring to an extent of 2400 sq. ft. Thereafter, after deducting Rs.33,600/- towards development charges, Reference Court has fixed the market value at Rs.60,000/- per plot. Further, Reference Court has taken into consideration the evidence of C.W.1, who had deposed that out of total extent of 5.34 acres, 5.24 acres land was converted into plots and calculated the compensation for total 65 plots at the rate of Rs.60,000/- and also arrived at a sum of Rs.39,00,000/- as total compensation for the acquired land. This amount awarded by the Reference Court was challenged before this Court by the Government in S.A.No.850 of 2005