IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.08.2008 CORAM: THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN A.S.Nos.1076 of 2001 The Special Tahsildar, Gopichettipalayam .. Appellant/Referring Officer -vs- M.P.Chenniappan .. Respondent/Claimant Prayer:- This Appeal has been filed under Section 54 of the Land Acquisition Act against the award passed in L.A.O.P.No.3 of 1996 by the learned Principal Subordinate Judge, Gopichettipalayam, dated 17.04.2001. For appellant : Mr.V.Ravi, Spl.Govt.Pleader For respondent : Mr.R.N.Amarnath, Advocate JUDGMENT This appeal has been preferred against the decree and judgment in LAOP.No.3 of 1996 on the file of the Court of Principal Subordinate Judge, Gopichettipalayam. 2.The Government have acquired 0.15.5 hectares of land in S.No.659/6B in Kolapanoor Village, Gopichettipalayam, for the purpose of constructing over-head water tank for Tamil Nadu Water & Drainage (T.W.A.D) Board. 3.The Land Acquisition Officer after following the formalities had published a notice in Tamil Nadu Government gazette under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') on 28.3.1994, and awarded a compensation of Rs.617/- per cent for the land acquired on the basis of sale deed for S.No.656/1 under which 1 acre 62 ½ cents of land was sold for Rs.61,538/-. The data land is in Sl.No.10 of Ex.R.1. Not satisfied with the award of compensation fixed by the Land Acquisition Officer, the claimant has preferred objections before the Land Acquisition Officer, who in turn had referred the same under Section 18 of the Land Acquisition Act to the Land Acquisition Tribunal. 4.Before the Land Acquisition Tribunal the claimant was examined as C.W.1 and no document was marked on the side of the claimant. Per contra, the Special Deputy Tahsildar, Coimbatore, was examined as R.W.1 and Exs.R.1 to R.4 were marked. Ex.R.2 is the data land dated 14.6.1993, on the basis of which the Land Acquisition Officer has fixed the compensation for the land acquired as Rs.617/- per cent https://hcservices.ecourts.gov.in/hcservices/ (Rs.61,538/- per acre). On the basis of available oral and documentary evidences, the learned trial Judge / Land Acquisition Tribunal has enhanced the compensation awarded by the Land Acquisition Officer from Rs.617/- per cent to Rs.5,000/- per cent. But in the judgment nowhere the Land Acquisition Tribunal has stated on what basis it has enhanced and fixed the compensation from Rs.617/- per cent to Rs.5,000/- per cent. 5.The learned Special Government Pleader after going through Ex.R.1, list of sale deeds for the period from 1.1.1993 to 31.08.1994, in respect of the properties which are situated in and around the land acquired, would state that as per Item No.3, 3448 sq.ft of land in S.No.82 was sold under Document No.635 dated 26.4.1993 at the rate of Rs.3,92,400/- per acre ie., at the rate of Rs.3,924/- per cent. Since the said land is also situated in the village where the acquired lands are situated, while fixing the compensation for the lands acquired the same value for the land sold under the sale deed under Sl.No.3 to Ex.R.1 can be adopted after deducting 1/3rd value since the area sold under the said sale deed is smaller in extent ie., 3448 sq.ft. After 1/3rd deduction from the value of Rs.3,924/- per cent it comes to Rs.2,616/- per cent, rounded to Rs.2,600/- per cent. 6.In fine, the appeal is allowed in part and the judgment in LAOP.No.3 of 1996 on the file of the Court of Principal Subordinate Judge, Gopichettipalayam, is set aside and the compensation for the acquired land is reduced and fixed as Rs.2,600/- per cent instead of Rs.5,000/- per cent fixed by the Land Acquisition Tribunal. Claimant is entitled to usual solatium, interest on solatium and additional compensation as permissible under the Land Acquisition Act. The Learned Special Government Pleader would state that as per the order of this Court in CMP.No.19674 of 2001 and CMP.No.3189 of 2002 in A.S.No.1076 of 2001, the Government have already deposited the entire award amount as per the judgment in LAOP.No.3 of 1996 on the file of the Court of Principal Subordinate Judge, Gopichettipalayam, to the credit of LAOP.No.3 of 1996 and the claimant had already withdrawn 50% of the award amount and balance amount was ordered to be deposited in a fixed deposit in Indian Overseas Bank, Gopichettipalayam, for a minimum period of three years. Under such circumstance, the claimant is entitled to withdraw the award amount as per this decree after adjusting the amount already withdrawn by him. The Government is entitled to withdraw the balance amount after adjusting the same towards this decree out of the 50% of the amount in deposit with the Indian Overseas Bank, Gopichettipalayam, to the credit of LAOP.No.3 of 1996. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ssv https://hcservices.ecourts.gov.in/hcservices/ To The Principal Subordinate Judge, Gopichettipalayam. 1 CC to the Special Government Pleader, SR NO.43094 A.S.No.1076 of 2001 bv(co) pmk/29.9.2008. https://hcservices.ecourts.gov.in/hcservices/