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Heard.

2. These four appeals were directed against LAOP Nos.44/2003, 45/2003, 25/2004 and 26/2004 respectively. In LAOP Nos.44 and 45 of 2003 judgment and decree was passed by the Reference Court on 30.08.2005. In LAOP Nos.25 and 26 of 2004, a judgment and decree was passed by the Reference Court on 23.3.2006.

3. The aggrieved land owner, who is the respondent in A.S.No.490 of 2006 had also filed Cross Objection 18 of 2007 seeking for further compensation.

4. The appellant land acquisition officer-cum-Sub-Collector, Tindivanam by an Award No.16/2001 dated 20.11.2001 acquired the land of the respondents in these appeals. The lands were acquired for the purpose of gauge conversion of the Railway Line between Chennai and Tiruchirapalli. The lands of the respondents in the Appeals were situated in Tindivanam Town in various re-survey numbers. The Acquiring Authority fixed the market rate of compensation at the rate of Rs.96,900/- per acre (Rs.969 per cent).

5.The aggrieved land owners were not satisfied with the market rate fixed by the Acquiring Authority. Hence, the issue was referred for determination by the jurisdictional Reference Court, which is the Court of Principal Sub-Judge, Tindivanam. The references were registered as various LAOPs and in the present appeals, they were LAOP Nos.44/2003, 45/2003, 25/2004 and 26/2004.

6. Before the reference Court (i.e. the Court below), in respect of each reference, separate judgment and decree was passed. In LAOP No.44 of 2003, on behalf of the land owner, the respondent Periannan and one Pachai were examined as C.W.1 and C.W.2. On their behalf, a sale deed dated 27.03.1995 given in favour of one Pandurangan by Sundari was filed and marked as Ex.C.1. On the side of the acquiring authority, one Rajasekaran Thambi R.W.1 was examined. On their side, three documents were filed and marked as Exs.R.1 to R.3.

13. The Acquiring Authority for the purpose of arriving at the market rate for the land gathered statistics from various sale transactions that had taken place three years before the date of 4(1) notification namely 10.05.2000 collected from the office of the Joint Sub-Registrar, Tindivanam II. It was found that 64 transactions had taken place in the said area during that period. The Acquiring Authority rejected most of the transactions on the ground that either the sale had taken place long before or it is a prior sale or a joint sale or the soil, Taram and quality were different. Sl.No.54 was rejected on the ground that it was sold as a house site. Therefore, he only took note of the land in Punjai 7-1-3 as a basis and the lands in re-survey numbers 55/2, 56/5, it was sold as per acre 96,900/- and took that as a basis data land. Similarly, in S.Nos.53/3 and 53/4, the guidelines value it showed for Punja land was Rs.96.900/- per acre. Therefore, he fixed the market rate of compensation at Rs.96.900/- per acre on the basis of the land classification as punja land.

svki To

1.The Land Acquisition Special Officer, (Sub Collector) Tindivanam

2.The Principal Sub Court, Tindivanam