The Collector must adhere to procedural requirements stipulated in the Land Acquisition Act and seek assistance from assessors when determining compensation for acquired land classified as an archaeological site.

JUDGMENT :

R. SUBRAMANIAN, J.

1. This appeal is filed under Section 54 of the LAND ACQUISITION ACT , 1894 [hereinafter referred to as the “Act”]. Challenge is to the award of the Court passed in reference under Section 18 of the Act, confirming the compensation awarded by the Collector under Section 11 of the said Act.

2. An extent of about 13.89.90 hectares in Arikanmedu Village in Puducherry was sought to be acquired as the land was classified as an Archaeological Site where an Indo Roman Trading Station existed in the past. The Archaeological Survey of India excavated the ancient site and found that the same should be declared as a protected ASI monument and recommended acquisition of the said area on 13.03.2003. Consequent upon such recommendation, a notification under Section 4 of the Act was published in the State Gazette on 23.09.2003. Invoking the emergency provision, the enquiry under Section 5 (A) of the LAND ACQUISITION ACT was dispensed with. An award came to be passed on 12.10.2005 by the Land Acquisition Officer granting a sum of Rs.2,909/- per Are. The land acquired from the appellant forms part of the total acquired land and it measured about 8.88.40 hectares. Claiming that the compensation awarded is too low, the appellant sought for a reference under Section 18 of the Act. The same was numbered as LAOP No.63 of 2011. The appellant filed a claim petition seeking a sum of Rs.1,500/- per sq.ft. The Learned IInd Additional District Judge, Puducherry before whom the reference was made concluded that the claimant land owner has failed to prove that the value of the land is about Rs.1,500/- per sq.ft. The Sale deeds of the years 2013 and 2015 which were filed as comparable sales were rejected by the Court since they were more than 10 years and 12 years after the acquisition. Aggrieved by the same, the claimant is on appeal.

3. We have heard Mr.T.P.Manoharan, learned Senior counsel for Mr.T.M.Naveen, learned counsel for the appellant and Mrs.V.Usha, learned Additional Government Pleader, Puducherry assisted by Mr.J.Kumaran, learned Additional Government Pleader, Puducherry for the respondents.

4. Mr.T.P.Manoharan, learned counsel for the appellant would vehemently contend that the award dated 24.10.2005 does not contain any reasons for fixation of the land value at Rs.2,909 per Are. Drawing our attention to the award which has been marked as Ex.R1 before the reference Court, the learned Senior counsel would submit that no reasons have been assigned for the fixation and the award does not disclose consideration of some materials like comparable sale deeds in the vicinity of the acquired lands. The learned counsel would also rely upon Section 20 and 28 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which provide for acquisition of land declared as a protected monument by the Central Government. Section 20 and 28 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, reads as follows :-

20. Power to acquire a protected area.- If the Central Government is of opinion that any protected area contains an ancient monument or antiquities of national interest and value, it may acquire such area under the provisions of the LAND ACQUISITION ACT , 1894 (1 of 1894), as if the acquisition were for a public purpose within the meaning of that Act.

28. Assessment of market value or compensation.-(1) The market value of any property which the Central Government is empowered to purchase at such value under this Act or the compensation to be paid by the Central Government in respect of anythin