Land owners must receive fair compensation that reflects market value, guided by sale transactions and local land pricing, as outlined in the Land Acquisition Act.

JUDGEMENT :

The Special Tahsildar (Land Acquisition), Nallathangal Odai Reservoir Scheme, Dharapuram; the Revenue Divisional Officer, Dharapuram; and the Executive Engineer, Water Resources Organisation, Amaravathi Water and Drainage Division, Public Works Department, Karur, have preferred this appeal suit. The respondents are claimants.

2. This appeal suit is against the order passed by the learned Subordinate Judge (Reference Court) at Dharapuram enhancing the compensation from Rs.29,000/- per Are (Rs.62,160/- per Hectare) for the agricultural land and Rs.9,986/- per Are (Rs.24,443/- per Hectare) for the manavari dry land as fixed by the LAO to Rs.1,00,000/- per Are (Rs.2,47,000/- per Hectare) for the agricultural land and Rs.70,000/- per Are (Rs.1,72,900/- per Hectare) for the manavari dry land, respectively.

3. Brief facts that lead to the filing of these appeal suits are as follows: -

(a) A total extent of 6.74.10 hectares of land in S.Nos.714/1A, 714/1B, 714/2A, 714/2B, 714/3, 714/4, 714/5A, 714/5B, 714/6 part, 715/1, 715/2, 716/1, 717/1,717/3, 718/1, 719/1, 720, 723/1 and 982/3 of Ponnivadi Village, Dharapuram Taluk, was proposed to be acquired at the request of the Tamil Nadu Public Works Department for the purpose of constructing a reservoir dam across Nallathangal Idai in Ponnivadi village. The administrative sanction was granted by G.O.No.360 dated 10.06.1998 and a notification under Section 4(1) of the LAND ACQUISITION ACT , 1894 (fort short “the LA Act,1984”) was issued in the Office Gazette No.362 dated 25.09.2020 and publications were effected in Tamil and English daily newspapers having wide circulation in the area. As it became necessary to acquire immediate possession of the lands specified in the schedule to the respective 4(1) Notifications, the Government invoked urgency provision under the provisions of sub-section (1) of Section 17 of the LA Act and as such, enquiry under Section 5-A of the LA Act, 1894, was dispensed with, invoking the emergency clause under Section 17(4) of the LA Act, 1894. Thereafter, notifications under Section 6 declarations as required under the LA Act, 1894, came to be issued. After due enquiry an award came to be passed under Section 11 of the LAND ACQUISITION ACT , 1884, vide Award No. 4 of 2003 dated 01.04.2003.

(b) The details of the land acquired from the respective claimants, compensation awarded by the LAO and the reference court are as follows :

(c) The 1st respondent/Land Acquisition Officer (LAO) took into consideration a total of 57 sale transactions that had taken place three years preceding the issuance of the 4(1) Notification (between 03.07.1997 02.07.2000) and, based on a sale transaction that took place on 26.05.2000, whereby an extent of 2.58Acres of land comprised in S.Nos.397/3 and 397/5 of Ponnivadi village was sold for Rs.72,380/- vide Doc.No.1624 of 2020, the 1st respondent had determined the market value for the acquired land at Rs.29,000/- per Are or in other words, Rs.62,160/- per Hectare. Similarly, in respect of manavari dry land, the 1^st responden