Document Fragment View

Matching Fragments

4. In so far as irrigated Dry lands, in Serial No.27 - an extent of 1.21.5 Hectares (or) 3.01= acres comprised in S.No.254/3, 6, 8A of Vallipuram village has been sold for Rs.75,000/- under Document No.949 dated 28.06.1991 which means Rs.61,475/- per Hectare (or) Rs.24,888/- per acre. LAO was of the view that S.F.Nos.254/3, 6, 8A and the Dry lands under acquisition are identical in all respects and therefore, the above sale which took place on 28.6.1991 [Document No.949] has been taken for fixing the market value for the irrigated Dry lands under acquisition. Fixing the above value for Manavari and irrigated Dry lands, Award No.3/1995 was passed ordering 30% solatium, 12% additional market value from 25.10.1983 to 05.10.1995. LAO has also fixed appropriate value for the trees in the acquired lands.

7. In LAOP.No.3/1996 Batch, Reference Court has taken Ex.C1- sale deed [19.1.1993] in which an extent of 500 sq. ft. in S.F.No.251/2A1, 2B1, 2A2, 2B2 was sold for Rs.50,000/- by one Saravanan and others infavour of Jawahar and fixed the market value of the acquired lands at Rs.100/- per sq. ft. Reference Court has also referred to Ex.C5-sale deed [25.8.1993] in which 600 sq. ft. comprised in S.F.No.251/2A2, 2B2, 2A1, 2B1 was sold for Rs.45,000/- by Ramachandran, Power of Attorney of one Doss infavour of one Marimuthu. After taking Ex.C1-sale deed for fixing the market value, Reference Court has passed:- (i) enhancement of compensation from 0.79 Paise to Rs.100/- per sq. ft.; (ii) 12% additional market value from 25.10.1993 to 05.10.1995; (iii) 30% solatium on the enhanced market value; (iv) interest at the rate of 9% for one year period from the date of taking possession; and (v) interest at the rate of 15% p.a. thereafter till the date of realisation.

8. In LAOP.Nos.15/1997 Batch and LAOP.No.27/2002, applying the Judgment and Decree in LAOP.No.3/1996 Batch, Reference Court has ordered:- (i) enhancement of compensation from 0.79 paise to Rs.100/- per sq. ft.; (ii) 12% additional market value from 25.10.1993 to 05.10.1995; (iii) 30% solatium on the enhanced market value; (iv) interest at the rate of 9% for one year period from the date of taking possession; and (v) interest at the rate of 15% p.a. thereafter till the date of realisation.

9. Challenging the enhancement of compensation, the LAO/Special Tahsildar [LA] and the Divisional Engineer, National Highways [not National Highways Authorities of India] have preferred these Appeals. In the Appeals, on Petitions filed by the National Highways Authorities of India, Requisitioning body [National Highways Authorities of India] was impleaded as 3rd Appellant subsequently.