The main legal point established in the judgment is the application of principles for determining just compensation under the Land Acquisition Act, including the consideration of market value, potential use of the land, and the payment of solatium and interest.

JUDGMENT

(Prayer: Appeal filed under Section 54 of the Land Acquisition Act, praying to set aside the decree and judgment passed in LAOP.No.2387 of 1998 dated 19.03.2015 on the file of the Subordinate Judge, Ponneri.)

1. The Appeal Suit has been instituted, questioning the validity of the compensation awarded in L.A.O.P.No.2387 of 1998 dated 19.03.2015.

2. An extent of land measuring 16.31.5 Hectares or 40.35 acres in the village of 143.Athipattu, in Thiruvottiyur, in the District of Chengalpattu  (presently Thiruvallur District) was needed for public purpose to establish North Madras Thermal Power Project. The land to an extent of 5.17 acres were acquired by the Special Tahsildar (Land Acquisition) and they have fixed Rs.181/- per cent. The claimants demanded higher market value and requested the Special Tahsildar (Land Acquisition) to make a reference to the Court.

3. The claimants have stated that the Land Acquisition Officer had not followed the provisions of the Land Acquisition Act under Section 23 in fixing the compensation. The compensation amount of Rs.181/- per cent fixed is far lesser than that of the market value prevailing in that locality. The Land Acquisition Officer had considered certain sale deeds and failed to consider the other vital factors, while fixing the compensation to be paid to the claimants. The acquired land is very near to Minjur Railway Station and well connected to Chennai city. Lot of industries and companies are functioning nearby the acquired lands. Electric Train facilities and Road facilities are available and approved residential layouts were formulated. The Land Acquisition Officer on the date of publication of 4 (1) notification, had taken the lowest guideline value available one year prior to the date of notification and fixed a sum of Rs.181/- per cent, which is arbitrary and far below the market value prevailing in that locality during the relevant point of time.

4. The claimants have stated that the value was more than Rs.4,000/- per cent during that point of time. Thus, they prayed for enhancement of compensation, Solatium and interest.

5. The point for consideration was, whether the claimants are entitled for enhanced compensation and if so, what would be the quantum to be enhanced.

6. To prove the case of the claimants, they have examined one Mr.J.Anandhan as C.W.1 and through him, Ex.C1 and C2 were marked. On the side of the respondents, the Special Tahsildar (Land Acquisition) was examined as R.W.1. There is no dispute regarding the ownership of the claimants and there was no dispute with reference to the procedures adopted by the Land Acquisition Officer in the process of acquiring the lands for public purposes and to develop North Madras Thermal Power Project. It is further not in dispute that the acquired lands are situated nearby to Athipattu Railway Station and the same is connected by Electric train and Chennai Corporation Buses. EID Parry Company, Kothari, Asok Leyland and Ennore foundries are situated. Next to Vallur Village, Thiruvottiyur Municipality and Kathivakkam Municipality are situated. The shorter distance to the township approved by CMDA by name Manali New Town is available near Ennore Port and the same is very nearby to the acquired land. The Tamil Nadu Housing Board had acquired about 400 acres of land for the purpose of developing the New township by name Manali New Town and constructed residential apartments in the said lands.

7. The Land Acquisition Officer had collected nearly 478 sale deeds within the period from 23.04.1989 to 22.04.1990. The Land Acquisition Officer had discarded most of those documents on the ground that they were sold as house sites and the Acquisition Officer has selected the data sale deed in Serial No.43, wherein 0.53 acres of land was sold for Rs.9,600/- in Document No.2511/89 dated 31.05.1989 with the Sub-Registrar, Thiruvottiyur. Accordingly, the Acquisition Officer increased the market value per cent as Rs.181/-.

8. The claimants have