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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, R.SAKTHIVEL
Special Tahsildar, Adi Dravida Welfare, Sathyamangalam – Appellant
Versus
Velusamy – Respondent
JUDGMENT :
R. SUBRAMANIAN, J.
1. The Special Tahsildar / Acquiring Authority is on appeal, aggrieved by the award of the learned Sub-Judge, Gopichettipalayam made in L.A.C.M.A.No. 7 of 2005, an appeal under Section 9 of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978 (herein after referred to as the Act).
2. The factual backdrop leading to the appeal is as follows:-
An extent of 5.08 acres of land belonging to the respondent was sought to be acquired for the purpose of providing free house sites to Adi Dravida people belonging to Rajan Nagar Village of Sathyamangalam Taluk of Erode District. A notification under Section 4(1) of the Act was published in the Erode District Gazette on 20.09.2003. The local publication as required under the Act were also made subsequently. An enquiry under Section 5 was conducted and ultimately an award came to be passed on 28.12.2004. The Special Tahsildar, Adi Dravidar Welfare who passed the award granted a sum of Rs.52,965/- per acre. Claiming that the award is very meagre, the respondent herein filed an appeal under Section 9 of the Act before the jurisdictional Sub-court namely, Sub-Court, Gobichettipalayam.
3. At trial befo
Compensation for acquired land should be based on comparable sale instances, with necessary deductions for larger plots to ensure fair valuation.
Acquisition of land – Generally, sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining compensation.
The court reaffirmed that compensation for acquired land must reflect fair market value, taking into account adequate comparable sales while establishing that evidence must support any deductions for....
Market value in land acquisition must reflect fair compensation by considering local comparable sales despite development charges; enhancements by tribunal upheld as reasonable.
The market value of the acquired land can be determined by considering evidence such as sale deeds and witness testimonies, and making reasonable deductions for developmental costs.
The main legal point established in the judgment is the application of principles for the assessment of fair compensation in land acquisition cases, including the determination of market value and pe....
The highest sale instance must be considered for compensation valuation, and deductions for development charges must reflect the land's actual condition.
The court affirmed that the solatium for acquired land must be set at 15% as per the 1978 Act, determining it invalid for the appellate court to allocate 30%.
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