The Special Tahsildar (LA) Tamil Nadu Housing Board vs M.G.P. Alias and The Executive Engineer and Administrative Officer

R. Mala, J.—This appeal has been filed against the order dated 29.04.2005 in L.A.O.P. No. 72 of 1998, on the file of II Additional Sub-Court, (FAC), Villupuram.

Notification u/s 4(1) was issued on 03.03.1993 and the Acquisition Officer passed the award dated 30.06.1995 in Award No. 12 of 1995. The acquisition relates to the lands situated in Salamedu Village, Villupuram Taluk bearing R.S. No. 46/11A3 measuring 0.00.85 ares and R.S. No. 46/11B measuring 0.01.52 ares. Totally, the extent is 0.02.37 hectares and the Land Acquisition Officer fixed the land value at Rs. 2.70/-per sqft, which was objected by the first Respondent/claimant. The matter was referred to the jurisdictional Reference Court and the same was taken as L.A.O.P. No. 72 of 1998 on the file of II Additional Sub-Court, (FAC), Villupuram.

After considering the oral evidence of P.W.1 and D.W.1 and Exs.P1 and P2, the Reference Court fixed the value at Rs. 25/-per sq.ft. and deducted 1/3rd for development charges and fixed the compensation at Rs. 16.67/-. Against which, the present appeal has been preferred by the Government/the Special Tahsildar, land acquisition authority.

At this juncture, the learned Special Government Pleader appearing for the Government submitted the decision rendered by the Hon''ble Division Bench of our High Court in A.S. No. 760 of 2004. In the above said appeal, the land value fixed by the Reference Court has been reduced from Rs. 25/-per sq.ft. to Rs. 16.67/-per sq.ft, which was rounded off to Rs. 16.75/-per sq.ft. Hence, he prayed for the same order to be passed accordingly.

The first Respondent/claimant was served with notice, but no one appeared.

Considered the decision as well as the judgment of Reference Court. The Reference Court has fixed the land value at Rs. 25/-per sq.ft. and deducted 1/3rd as a development charges and fixed the compensation at Rs. 16.67/-sq.ft. The compensation is fixed at Rs. 16.67/-per sq.ft. after deducting 1/3rd as a development charges. Hence, I do not find any merits in the argument advanced by the learned Special Government Pleader. This appeal deserves to be dismissed.

In fine,

The Appeal Suit is dismissed.

The Appellant and the second Respondent is directed to deposit the compensation amount fixed by the Reference Court within two months from the date of receipt of a copy of this Judgment.

No costs. The connected miscellaneous petition is closed.