IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30/04/2003 CORAM THE HONOURABLE MR. JUSTICE E.PADMANABHAN AND THE HONOURABLE MR. JUSTICE M.THANIKACHALAM A.S. NO. 681 OF 2001 AND A.S.NOS. 684, 716 TO 721, 729 TO 734, 787 TO 792, 868 TO 872, 889 TO 894, 947 TO 952 AND 957 TO 961 OF 2001 A.S. NOS. 114, 131, 618 TO 625, 693 TO 709, 771 TO 779, 816 TO 824, 837 TO 846, 849 TO 856, 877 TO 884 OF 2001 A.S. NOS. 1 TO 8, 11, 21, 22, 238 TO 242, 289 TO 296, 298 TO 304 320 TO 325, 330 TO 333 AND 387 TO 389 OF 2002 A.S. NOS. 122, 123, 205 TO 212, 313 TO 323, 329 TO 338, 471 TO 481, 607 TO 617, 740 TO 750, 804 TO 812 AND 827 TO 836 OF 2001 A.S. NOS. 899 TO 901 OF 2001 A.S. NOS. 478 TO 480, 530 TO 532 & 457 TO 465 OF 2002 A.S. NOS. 143 TO 158 OF 2003 AND C.M.P. NOS. 2104, 2112, 2113, 2121, 3883TO 3890, 5211 TO 5221, 5670 TO 5679, 7881 TO 7890, 9101 TO 9111, 9189 TO 9196, 11525 TO 11528, 11694 TO 11710, 12051TO 12056, 12277 TO 12282, 12552 TO 12559, 12260 TO 12262, 12979 TO 12986, 13137 TO 13142, 13233 TO 13241, 13282 TO 13290, 13329 TO 13338, 13468 TO 13477, 13628 TO 13635, 13924 TO 13928, 14350 TO 14357, 14515 TO 14520, 16474 TO 16479, 16953 TO 16957 OF 2001 C.M.P. NOS. 286, 309, 424, 285, 908, 909, 50, 51, 52, 54, 274 TO 278, 282 TO 284, 288 TO 290, 305 TO 308, 475, 476, 493 TO 496, 559 TO 562, 905 TO 907, 4545, 4546 OF 2002 C.M.P. NOS. 2675 TO 2690 OF 2003 A.S. NO. 471 OF 2001 The Special Tahsildar (LA) Krishna Water Supply Project Unit - II, Tiruvallur .. Appellant -Vs- 1. W. Premkumar 2. The Executive Engineer Public Works Department Krishna Water Supply Project Section - 2, Tiruvallur. .. Respondents A.S. No.471 of 2001 preferred against the judgment and award of the learned Subordinate Judge, Tiruvallur, made in LAOP No.103 of 1996 dated 28.04.2000, as stated therein. !For Appellant : Mr. R.Ashokan, AGP ^For Respondents : Mr. G. Karthikeyan, for R1 in all AS No appearance for R2 :COMMON JUDGMENT E. PADMANABHAN, J. 1. The first batch of appeals pertaining to Sevvapet Village have been preferred against LAOP Nos. 1006 to 1047 of 1994, 21/95, 34/95 and 35/95 by the land acquisition officer challenging the enhancement of market value fixed by the learned Subordinate Judge of Tiruvallur in the common judgment and decree dated 28.4.20 00. 2. The second batch of appeals pertaining to Thirur Village have been preferred against LAOP Nos. 351/93, 241/93, 243/93, 244/93, 252/93, 301 to 334/93, 345 to 350/93, 352 to 377/93 by the land acquisition officer challenging the enhancement of market value fixed by the learned Subordinate Judge of Tiruvallur in the common judgment and decree dated 28.4.2000. 3. The third batch of appeals pertaining to Koppur Village have been preferred against LAOP Nos. 199/94, 171 to 198/94, 200 to 212/94, 22/95 and 32/95 by the land acquisition officer challenging the enhancement of market value fixed by the learned Subordinate Judge of Tiruvallur in the common judgment and decree dated 23.4.2001. 4. The fourth batch of appeals pertaining to Thozhur Village have been preferred against LAOP Nos. 140/96, 16 to 20/95, 27 to 31/95, 37 to 39/96, 40 to 43/96, 72 to 139/96 and 155/96 by the land acquisition officer challenging the enhancement of market value fixed by the learned Subordinate Judge of Tiruvallur in the common judgment and decree dated 28.04.2000. 5. With the consent of either side, the above batch of appeals were consolidated and taken up for final disposal. Heard Mr.R.Ashokan, learned Additional Government Pleader appearing for the appellant in all the appeals and Mr.G.Karthikeyan, learned counsel appearing for the respondents in all the appeals. 6. A large track of land in Tiruvallur Taluk, Tiruvallur District formerly of Chengalpet District running kilometers together North-South East and North was acquired for the purpose of formation of link canal to Chembarambakkam Tank for the Krishna Water Supply Project to provide drinking water to Chennai city. 7. The lands running to several kilometers were acquired in the villages Sevvapet, Tirur, Koppur and Thozhur in the same Taluk. Contiguous lands of the required width of 20 meters for the formation of link canal to Chembarambakkam Tank to store the Krishna Water were acquired. 8. In respect of Sevvapet, lands measuring 5.61.5 Hectares, registered in the name of 45 owners, who are respondents in these batch of appeals were notified under Section 4 (1) of The Land Acquisition Act on 29.1.91 in the Tamil Nadu Gazette, in two tamil dailies on 3.1.91 and the substance of the Notification was published in the locality on 29.1.91. Thereafter, Section 6 Declaration was published on 27.1.92. In Sevvapet Village, an extent of 1.88.0 Hectares of wet land, 3.01 .0 Hectares of dry land and 0.72.5 Hectares of Manavari lands were acquired. In respect of individual owner, as seen from the details of the lands acquired, minimum extent of 0.01.5 / 0.03.5 / 0.05.0 / 0.03 .0 / 0.07.5 / 0.23.0 / 0.16.0 / 0.15.0 / 0.29.0 / 0.24.0 Hectares of different extents in respect of each survey field was the subject matter of acquisition, in all aggregating to 5.61.5 Hectares. 9. As on the date of Section 4 (1) Notification published on 29.1.91, which is the crucial date for fixing the market value, the land acquisition officer considered sixteen sales of agricultural lands. The land acquisition officer discarded the house-site sales. Ultimately by taking into consideration of a sale deed dated 8.1.90, the land acquisition officer fixed the market value of the acquired land at Rs.3 00/= per cent, for irrigated lands and for lands which are lying waste at Rs.200/= per cent. Apart from that the land acquisition officer awarded compensation in respect of wells, thatched sheds and buildings as well. The land acquisition officer fixed the various sums in respect of each of the land owners depending upon the extent acquired with interest and solatium by award bearing No.1/93-94 dated 13.5.93. 10. The respondents/land owners protested the fixation of compensation as very low and sought for a reference under Section 18 of The Land Acquisition Act and the above batch of 45 LAOPs pertaining to Sevvapet village were referred to the file of the learned Subordinate Judge of Tiruvallur. 11. Before the learned Subordinate Judge, the land owners/interested persons marked Exs.P-1 to P-17 and examined three witnesses on their side, while the former Land Acquisition Officer, who has since retired has been examined as R.W.1. The learned Subordinate Judge for all the lands without distinction or difference as to wet land or dry land or manavari land or house-site or its location, fixed the market value of the acquired land at Rs.4,000/= per cent in all the 45 LAOPs pertaining to Sevvapet Village by a common judgment dated 28.4.2000. As the increase of market value fixed by the learned Subordinate Judge is 20 times in respect of dry lands and 13 times in respect of wet lands, the present appeals have been preferred by the land acquisition officer. 12. In respect of Thirur, lands measuring 7.84.05 Hectares both dry and wet lands, registered in the name of 71 owners, who are respondents in these batch of appeals were notified under Section 4 (1) of The Land Acquisition Act on two different dates, namely, on 31.8.90 and 1 7.4.90. Thereafter, Section 6 Declaration was published on 19.9.91. 13. As on the date of Section 4 (1) Notification published on 31.8.90 / 17.4.90, which is the crucial date for fixing the market value, the land acquisition officer considered 21 sales of agricultural lands. The land acquisition officer fixed the market value of the acquired land, for Nanja lands at Rs.200/= per cent; for Punja lands at Rs.14 3/= per cent. The land acquisition officer fixed the various sums in respect of each of the land owners depending upon the extent acquired with interest and solatium. 14. The respondents/land owners raised protest and sought for a reference under Section 18 of The Land Acquisition Act and the above batch of 71 LAOPs pertaining to Thirur village were referred to the file of the learned Subordinate Judge of Tiruvallur. 15. Before the learned Subordinate Judge, the land owners/interested persons marked Exs.P-1 to P-21 and examined two witnesses on their side, while the former Land Acquisition Officer, who has since retired has been examined as R.W.1. The learned Subordinate Judge for all the lands without distinction or difference such as wet land or dry land or manavari land or house-site, fixed the market value of the acquired land at Rs.4,600/= per cent in all the 71 LAOPs pertaining to Thirur Village by a common judgment dated 23.12.2001. As the increase of market value fixed by the learned Subordinate Judge is more than 23 times in respect of Nanja lands and 32 times in respect of Punja lands, the present appeals have been preferred by the land acquisition officer. 16. In respect of Koppur, lands measuring 4.09.5 Hectares of wet lands, 8.68.5 Hectares of dry lands and 0.68.5 Hectares of manavari lands, registered in the name of 44 owners, who are respondents in these batch of appeals were notified under Section 4 (1) of The Land Acquisition Act on 3.12.90. Thereafter, Section 6 Declaration was published on 29.11.91. 17. As on the date of Section 4 (1) Notification published on 3.12.90 , which is the crucial date for fixing the market value, the land acquisition officer considered sales of agricultural lands. The land acquisition officer fixed the market value of the acquired land, for wet lands at Rs.250/= per cent and for dry and manavari lands at Rs.80/= per cent. The land acquisition officer fixed the various sums as compensation in respect of mango trees and various other buildings by award bearing No.6/92-93 dated 31.10.92. 18. The respondents/land owners raised protest and sought for a reference under Section 18 of The Land Acquisition Act and the above batch of 44 LAOPs pertaining to Koppur village were referred to the file of the learned Subordinate Judge of Tiruvallur. 19. Before the learned Subordinate Judge, the land owners/interested persons marked Exs.P-1 to P-31 and examined two witnesses on their side, while the former Land Acquisition Officer, who has since retired has been examined as R.W.1. The learned Subordinate Judge fixed the market value of wet land at Rs.3,300/= per cent and for dry land at Rs.2,200/= per cent in all the 44 LAOPs pertaining to Koppur Village by a common judgment dated 23.04.2001. As the increase of market value fixed by the learned Subordinate Judge is more than 13 times in respect of wet lands and 27 times in respect of dry lands, the present appeals have been preferred by the land acquisition officer. 20. In respect of Thozhur, lands measuring 10.93.0 Hectares, registered in the name of 87 owners, who are respondents in these batch of appeals, were notified under Section 4 (1) of The Land Acquisition Act on 13.12.90, which was published on 28.1.91/29.1.91. Thereafter, Section 6 Declaration was published on 31.7.91. 21. As on the date of Section 4 (1) Notification published on 28.1.91 /29.1.91, which is the crucial date for fixing the market value, the land acquisition officer considered 20 sales of agricultural lands. The land acquisition officer fixed the market value of the acquired land, for Nanja lands at Rs.160/= per cent; for Nanja-Punja lands with irrigation facility at Rs.200/= per cent and for Nanja lands without irrigation facility at Rs.150/= per cent by award bearing No.2/93-94 dated 2.7.93. 22. The respondents/land owners raised protest and sought for a reference under Section 18 of The Land Acquisition Act and the above batch of 87 LAOPs pertaining to Thozhur village were referred to the file of the learned Subordinate Judge of Tiruvallur. 23. Before the learned Subordinate Judge, the land owners/interested persons marked Exs.P-1 to P-20 and examined two witnesses on their side, while the former Land Acquisition Officer, who has since retired has been examined as R.W.1. The learned Subordinate Judge, for all the lands at Thozhur without distinction or difference such as wet land or dry land or manavari land or house-site, fixed the market value of the acquired land at Rs.500/= per cent in all the 87 LAOPs pertaining to Thozhur Village by a common judgment dated 28.04.2000. As against the increase of market value fixed by the learned Subordinate Judge in respect of Nanja and Punja lands, the present appeals have been preferred by the land acquisition officer. 24. In all the above batch of appeals, which relates to acquisition of land in four different villages, namely, Sevvapet, Thirur, Koppur and Thozhur it is contended by the learned Additional Government Pleader appearing for the appellant in all the appeals that there is totally no reason or rhyme to increase the market value of the acquired lands to a phenomenal price than what has been as fixed by the land acquisition officer. It is contended that the fixation of uniform market value for the lands lying to a length of several Kms., uniformly is uncalled for nor there is any basis. While pointing out that excepting the three houses, all other lot of lands acquired were being used as agricultural lands or lying fallow and, therefore, the market value has to be fixed as agricultural lands and not house sites. While pointing out that even as early as 1980-81 certain layouts have been approved by the competent authority under The Town Planning Act, but excepting very few and stray sales of one or two plots in the layout, all other lands are either lying fallow or under cultivation and, hence, they are no longer approved layouts in view of the passage of time and, therefore, the learned Subordinate Judge ought not to have treated the lands as house sites though it may be a potential house site and it should have been evaluated as agricultural lands on the basis of material documents produced by the land acquisition officer. It is also contended that various documents produced by the persons interested are in respect of small plots measuring 3 or 4 or 5 cents of land, which is a small piece and they are for different consideration where there is substantial disparity and, therefore the same cannot form the basis for fixation of market value. The documents were by an enterprising promoter as a power of attorney agent of the land owners and there had been some transactions, but no houses have come up. It is also pointed out that nearness to the railway station or bus stand or railway route or bus route or residential localities, which are already developed vis--vis distance to other plots lying far off has not been taken into consideration and fixing of uniform market value is illegal and cannot be sustained. 25. Per contra, Mr.Karthikeyan, learned counsel appearing for the respondents while relying upon exhibits Exs.P-1 to P-17 and the evidence of the witnesses in the respective LAOPs and the admissions of R.W.1 , the former land acquisition officer contends that the fixation of market value in the respective batch of appeals pertaining to Sevvapet, Thirur, Koppur and Thozhur villages cannot be held to be excessive or on the higher side to the existing market value in the locality and, therefore, no interference is called for. It is also pointed out that the lands, which were conveyed under the respective exhibits, though around a ground, (i.e.) 2400 Sft. or less than 2400 Sft., the market value during the year 1988, 1989, 1990 and 1991 ranged from Rs.4 ,000/= to Rs.5,000/= per cent, which reflect the market value of the acquired land on the date of publication of Section 4 (1) Notification. The sale deeds produced as exhibits in the respective LAOPs, relates to sale of 2,400 Sft. or less than 2400 Sft., which are in respect of small plots in Sevvapet, Tirur, Koppur and Thozhur villages, which it is claimed form part of approved layouts and, therefore, the lands acquired should be considered as house sites alone though they may be lying over as waste land or even though substantial extent of lands being cultivated along with the adjacent lands and the market value fixed at Rs.4,000/= and thereabout cannot be held to be excessive and there is every justification for fixing the market value uniformly in respect of each village. 26. In respect of the four villages, the date of Section 4 (1) Notification and the market value of the land as fixed by the Land Acquisition Officer as well as the learned Subordinate Judge are set out hereunder :- S. No. Description Name of the Village Sevvapet Thirur Koppur Thozhur 1 Date of 4 (1) Notification 02.01.1991 31.08.1990 & 17.04.1990 03.12.1990 13.12.1990 2 Market value fixed by the LAO 1. Irrigated Dry Lands - Rs.300/= per cent. 2. Wet Land - Rs.200/= per cent. 1. Nanja Lands - Rs.200/= per cent. 2. Punja Lands - Rs.143/= per cent. 1. Wet Lands - Rs.250/= per cent. 2. Dry Lands - Rs.80/= per cent. 1. Nanja-Punja Lands - Rs.200/= per cent. 2. Punja Lands - Rs.160/= per cent. 3. Nanja Lands without irrigation facility - Rs.150/= per cent. 3 Market value fixed by the Reference Court Rs.4,000/= per cent. Rs.4,600/= per cent. 1. Wet Lands - Rs.3,300/= per cent. 2. Dry Lands - Rs.2,200/= per cent. Rs.5000/= per cent. 4 Rate of increase between LAO and Court Dry lands -13.33 times Wet land - 20 times Nanja lands - 23 times Punja lands - 31.5 times Wet lands - 17.2 times Dry lands - 27.5 times Nanja lands - 2.5 times Punja lands - 3 times Nanja lands without irrigation facility - 3.25 times 27. The points that arise for consideration in these batch of appeals are :- a) What is the market value of the acquired land as on the date of Section 4 (1) Notification (i.e.) on 02.01.1991 in Sevvapet Village ? b) What is the market value of the acquired land as on the date of Section 4 (1) Notification (i.e.) on 31.08.1990 & 17.4.1990 in Thirur Village ? c) What is the market value of the acquired land as on the date of Section 4 (1) Notification (i.e.) on 03.12.1990 in Koppur Village ? d) What is the market value of the acquired land as on the date of Section 4 (1) Notification (i.e.) on 13.12.1990 in Thozhur Village ? e) Whether the fixation of uniform market value for the acquired lands in each village by the court below could be countenanced in law ? f) To what relief, if any, the appellant is entitled to in each batch of appeals ? 28. As already pointed out, common arguments were advanced. The appellant/land acquisition officer in all the appeals challenge the fixation of market value in respect of each village as on the respective date of Section 4 (1) Notification. The award of compensation towards buildings, trees, wells, huts, etc., have not been challenged at all by the land acquisition officer/appellant in these batch of appeals and also there is no cross objections and, hence, the said fixation need not be examined. The only contest being in respect of market value of the acquired lands. The respondents/land owners in all these batch of appeals have not preferred any cross objections, though they have been served in the appeal long before. Hence, the land owners are obviously satisfied with the market value as fixed by the Court below. 29. It is also admitted that the lands acquired in a particular village is along the link channel, which runs North-South or with slight deviation North-West to South-East. The lands of the width of 20 meters were acquired so as to enable the formation of link channel throughout and the channel size is one and the same excepting where there is a small additional construction. Most of the documents filed in these batch of LAOPs on behalf of land owners are common, in that substantial number of documents from Sevvapet Village, which is close to railway line has been marked to show the market value of the acquired land, while few documents from other two villages have been marked. But all the sale deeds are for small plots of less than 2000 Sft. or thereabout. 30. The illegalities pointed out or contentions advanced by the learned Additional Government Pleader in all these appeals are identical and the contentions advanced by Mr.Karthikeyan, learned counsel for the respondents is also the same. Excepting in one of the villages, in other villages the court below has fixed the market value of the acquired land in the same range for the entire village irrespective of the location or distance or nature of sale or advantages the acquired land commands or the potentialities or demand for the land and this according to the learned Additional Government Pleader is an illegality and sufficient to allow the appeals. 31. It has to be pointed out that the appeals were remanded on the earlier occasion as documents were not marked through the parties to the document. Excepting for a small plots close to the developed colonies, all other acquired plots are far away from the habitation in the respective villages or railway station or bus route or bazaar or schools, etc., as seen from a topo sketch produced at the time of hearing of these appeals. Most of the plots are far off from the railway station or Madras-Tiruvallur road via Aavadi and they are away from other places of importance like habitation, schools or railway stations or bus terminal or hospitals or bazaar or temples. Though it is claimed that number of colonies have sprung into existence before Section 4 (1) Notification, they are not adjacent to the acquired land but slightly in a different area or locality. Excepting houses in one or two of the villages such as new colonies, all other lands are practically either being cultivated or lying fallow, though the layouts have been approved during the year 1980-81 as has been elicited from the land acquisition officer during cross-examination. 32. The evidence of R.W.1 in all the LAOPs is identical in every respect. It is useful to refer to the evidence of R.W.1 at least in one of the batch of appeals and it need not be repeated for other batch of appeals. R.W.1, the land acquisition officer, who has since retired, had deposed about his conducting the award enquiry and passing the award as well as the extent of lands notified in each village and in respect of which award came to be passed by him. It is his deposition that the acquired land in Sevvapet Village is located South of Madras-Tiruvallur Road via Aavadi and so also on either side by the Madras-Tiruvallur Railway track; that he has seen the raising of crops like groundnut, paddy, jasmine plants on the acquired lands; that most of the lands have been laid out and divided into plots; that out of the total extent acquired, there were three houses, which he had evaluated and awarded compensation for the structures; that he has taken into consideration of sixteen different sales in respect of agricultural lands and under a deed of sale in respect of agricultural lands dated 26.11.1989 it has been sold at the rate of Rs.300/= per cent as on 26.11.1989; that what was conveyed under the sale deed dated 26.11.89 are not only nanja lands, but also punja lands fitted with wells with electric motor pumpset; that large lands have been sold at Rs.200/= per cent; that though in respect of acquired lands and surrounding lands layouts were formed and approved, the lands are lying fallow or being cultivated; 3/4th of the