The determination of market value under the Land Acquisition Act is based on the notification under Section 4(1) and allows for deduction of development charges for lands acquired for specific purposes.

JUDGMENT

(Prayer in A.S.No.147 of 2019 : Appeal is filed under Section 54 of The Land Acquisition Act, 1894, against the Judgment and Degree of the Subordinate Court, Kancheepuram in L.A.O.P.No.11 of 2015 dated 16.02.2018.

Prayer in Cross Obj.No.25 of 2019 : Cross Objection is filed under Order 41 Rule 22 of CPC to set aside the findings rendered in the judgment passed in L.A.O.P.No.11 of 2015 dated 16.02.2018 on the file of the Subordinate Judge, Kancheepuram, in so far as it is against the Cross objector concerned to enhance and fix the value of the land at Rs.45,000/- per cent with interest on solatium at 12% per annum from the date of Section 4(1) Notification with other benefits.)

Common Judgment:

R. Kalaimathi, J.

The Special Tahsildar, Land Acquisition Unit-I, Outer Ring Road Project, Phase-I, Chennai Metropolitan Development Authority, Egmore, Chennai has preferred the appeal against the judgment and decree passed in L.A.O.P.No.11 of 2015, dated 16.12.2018 on the file of the Subordinate Judge, Kancheepuram.

2. The claimant has also filed Cros.Objection No.25 of 2019 against the said judgment and decree for enhancement.

3. As both the Appeal Suit and Cross Objection have been filed based on the above said judgment, by way of common judgment, the aforesaid matters are disposed of.

4. succintly stated the facts of the case are as follows:

Land measuring 0.32.0 ares [land in S.No.163/1A2 about 0.25.5 ares, and in S.No.163/1A3 about 0.07.5 ares totally 0.32.0 ares] situate in No.92, Thirumudivakkam Village in the Taluk of Sriperumbudur in the District of Kanchipuram, was acquired by the Chennai Metropolitan Development Authority (hereinafter referred to as C.M.D.A.,) for the purpose of formation of Outer Ring Road under Outer Ring Road Project. Notification under Section 4(1) of the Land Acquisition Act was issued on 01.06.2005. Enquiry under Section 5(A) was conducted in Kunnathur Revenue Inspector's Office on 29.07.2005 by observing due formalities. The draft declaration which was made under Section 6 of the Land Acquisition Act appears to have been approved by the Commissioner of Land Administration, Chepauk, Chennai in Proceedings No.D.Dis.M2/41650/2005 dated 04.01.2006 and published in Tamil Nadu Government Gazette issue No.4 Part VI, Section I, dated 25.01.2006 at page 48 and in Tamil Dailies - Dinathanthi and Makkal Kural on 29.01.2006. It is also relevant to note that the substance of the Declaration was also caused to be published in the locality on 10.02.2006. Thereafter, as per Section 7 of the Land Acquisition Act, draft declaration was approved by the District Collector, Kancheepuram in Proceedings Rc.No.37362/2004 dated 31.03.2006. Award came to be passed in R.C.No.1 of 2004, A1/ORR/Unit-I on 17.08.2006 by the Special Tahsildar, Land Acquisition Unit-I, Outer Ring Road Project, CMDA, Chennai-8.

5. The Land Acquisition Officer arrived at the market value at Rs.2,964/- per Are. Being not satisfied with the aforesaid market value, the land owner namely father of the minor, sought for Reference under Section 18 of the Land Acquisition Act.

6. Accordingly, reference was made under Section 18(1) of the Act, by the Land Valuer and the said Reference was taken on file by the Sub-Court, Kancheepuram as L.A.O.P.No.11 of 2015.

7. The Trial Court, after hearing the arguments of both sides and upon considering the oral and documentary evidence, fixed the market value of the acquired lands at Rs.39,113/- per cent with all statutory benefits.

8. Shri.T.Chandrasekaran, learned Special Government Pleader appearing for the appellant would submit that the Land Acquisition Officer has fixed the market value of the land in question at Rs.1,200/- per cent or Rs.2,964/- per are, by taking into consideration of the sale exempler concerned with Sl.No.165, after discarding 236 sales, as the sales pertain to house sites, dry lands for higher val