AI Structured Summary
Not yet generated for this judgment
Judgment
R.S. Ramanathan, J.—The Special Tahsildar, Adi Dravidar Welfare Scheme, Devakottai, is the appellant herein.
Land in Survey No. 392/5 of an extent of 0.39.5 hectare was acquired by the appellant under 4(1) notification dated 25.03.1993 and after
complying with the legal formalities, the Acquisition Officer considered 33 sales deeds and selected land in Survey No. 372/2 and fixed market
value at Rs. 130/- per Cent. Not being satisfied with the same, the claimants sought for reference u/s 18 of the Act and reference was made in
L.A.O.P. No. 06 of 1994 on the file of the Sub Court, Sivaganga and the learned Sub Judge enhanced the market value to Rs. 600/- per Cent.
Aggrieved by the same, this appeal is filed by the appellant.
Before the lower Court, the Power of Attorney of the first claimant was examined as P.W.1 and one witness was examined on the side of the
respondents and claimants marked 3 sale deeds and on the side of the appellant, list of sale deeds considered by the appellant and topography
were marked.
The point for consideration in this appeal is whether the enhancement of market value by the lower Court is justified or not?
It is seen from the topography sketch that the acquired land in Survey No. 392/5 is nearer to the road and the data land in Survey No. 327/2 is
far away from the acquired land.
It is contended by the learned Counsel appearing for the appellant Mr. S.C. Herold Singh that the lands sold under Exs.A1 to A3 were small
extent of land and those lands value should not be taken into consideration for fixing the market value. It is seen from Ex.A2 that the land in Survey
No. 392/5 sold for Rs. 6,600/- was of an extent of 5 cents and under Ex.A1, 3 cents land in survey No. 392/5 was sold for Rs. 3268/-. It has
been held by our Honourable Supreme Court in Land Acquisition Officer (Revenue Division Officer) Nalgonda (A.P.) v. Morisetty Satyanarayana
and Ors., (2002) 10 SCC 570 and in Ranvir Singh and Another Vs. Union of India (UOI), , that the sale deed in respect of the same survey
number of the acquired land, shall be preferred to the other sale deeds and therefore, having regard to the Exs.A1 & A2, which are also earlier to
the acquisition proceedings the market value of the acquired land can be fixed at Rs. 1,000/- per Cent.
No-doubt the lands covered under Exs.A1 & A2 were sold as house sites and therefore, certain percentage shall be deducted for arriving at the
market value of the acquired land. The learned Sub Judge, after taking all these aspects into consideration fixed the market value at Rs. 600/- per
Cent and in my opinion, the learned Sub Judge has correctly fixed the market value and therefore, there is no need to interfere with the findings of
the lower Court.
In the result, the appeal is dismissed and the decree and judgment of the lower Court is confirmed. Consequently, connected C.M.P is also
dismissed. No costs.