BEFORE THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 23.07.2008 CORAM THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN A.S.No.41 of 1999 The Land Acquisition Officer & Special Tahsildar (ADW) Omalur. .. Appellants / Referring Officer Vs. Palaniammal .. Respondents / Claimant Prayer:-This appeal has been filed under section 54 of the Land Acquisition Act against the decree and judgment dated 27.09.1995 in LAOP.No.20 of 1992 on the file of the Subordinate Judge, Sankari. For Appellant : Mr.V.Ravi, Special Government Pleader (AS) For Respondent : No appearance JUDGMENT This appeal has been directed against the judgment in LAOP.No.20 of 1992 on the file of the Court of Subordinate Judge, Sankari. 2. About 2 acres 32 cents (0.94.0 Hec) punja land in S.No.46/1 of Kannampoochi Village, Mettur Taluk, Salem Distrcit was acquired by the Government for the purpose of constructing houses for the people belonging to Schedule Tribe. 3.After following the formalities the Land Acquisition Officer has published notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the 'Act') in the Tamil Nadu Gazette on 11.01.1989 and also after serving three hearing notice to the land owner and interested persons for the acquired land on 6.3.1989 and after conducting enquiries under Section 5(1) of the Act has passed a compensation of Rs.130/39 per cent on the basis of data land. Not satisfied with the compensation awarded by the Land Acquisition Officer, the claimant had filed his objection before the Land Acquisition Officer, who in turn referred the matter under Section 18 of the Act to the Land Acquisition Tribunal. https://hcservices.ecourts.gov.in/hcservices/ 4.Before the Land Acquisition Tribunal on the side of the claimant C.W.1 to C.W.3 were examined and Ex.C.1 to Ex.C.5 were marked. On the side of the respondent, The special Tahsildar was examined as R.W.1 and Ex.R.1 to Ex.R.4 were marked. After meticulously going through both the oral and documentary evidences, the Land Acquisition Tribunal on the basis of Ex.C.1-sale deed dated 2.4.1987 had enhanced and fixed the compensation for the land acquired from Rs.130/39 to Rs.400/- per cent, which necessitated the Government to prefer this appeal. 5.Heard the learned Special Government Pleader (AS). There is no representation for the respondent inspite of the respondent's name being printed in the cause list. Ex.C.1 is in respect of 1.61.0 hec (1 acres 98 cents) of land in R.S.No.43/5, which was sold for Rs.39,300/- ie., one cent at the rate of Rs.400/-. Ex.C.1 land is adjoining to the land acquired by the Government in S.No.46. The Land Acquisition Tribunal after considering the potentiality of the land and taking into consideration the land acquired and the land sold under Ex.C.1 are similar in all aspects has come to an unassailable conclusion that the compensation fixed by the Land Acquisition Officer is too low and meagre had enhanced the compensation from Rs.130/39 per cent to Rs.400/- per cent on the basis of Ex.C.1-sale deed. There is absolutely no document produced on the side of the appellant / Government to show the value fixed by the Land Acquisition Tribunal for the land acquired is on the higher side. The Land Acquisition Tribunal has also fixed the compensation for the standing trees in the land acquired. It is not the case of the appellant that the compensation fixed for the standing trees are exorbitant in nature. Under such circumstance, I do not find any material to interfere with the findings of the Land Acquisition Tribunal in arriving at the conclusion that the award of compensation fixed by the Land Acquisition Officer is to be enhanced to Rs.400/- per cent from Rs.130/39 per cent. 6.In fine, the appeal fails and the same is hereby dismissed confirming the judgment in LAOP.No.20 of 1992 on the file of the Court of Subordinate Judge, Sankari. No costs. Sd/- Deputy Registrar. /true copy/ Sub Asst. Registrar. https://hcservices.ecourts.gov.in/hcservices/ ssv To, 1. The Subordinate Judge, Sankari. 2. The Record Keeper, VR Section, High Court, Madras. + 1 CC to the Government Pleader SR NO 39905 A.S.No.41 of 1999 JP(CO) SRA(05/08/2008) https://hcservices.ecourts.gov.in/hcservices/