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TMI Blog2018 (4) TMI 1697X X X X Extracts X X X X X X X X Extracts X X X X ..... ) The lands belonging to the Appellant herein in Survey Nos. 300/2A2, 300/3, 302/1A, 302/4, 317/1B2, 302/2B2B and 320/2C2 were part of the said acquisition. The Land Acquisition Officer, after complying with the formalities required in connection with the acquisition of land under the LA Act, passed an Award dated 22.03.1995, determining a sum of Rs. 400/- per cent as compensation to the Appellant herein. (c) Being aggrieved by the meager compensation, a Reference Under Section 18 of the LA Act was sought, seeking market value for the acquired lands at the rate of Rs. 20,000/- per cent before the Subordinate Court, Madurantagam which was filed as L.A.O.P. No. 120 of 1998. Learned subordinate Judge, vide judgment and order dated 27.03.2000, granted compensation at the rate of Rs. 2,500/- per cent together with 30% solatium and 12% additional amount from the date of issue of Notification dated 15.09.1993. (d) Respondent herein, being aggrieved by the judgment and order dated 27.03.2000, filed A.S. No. 88 of 2001 before the High Court. Learned single Judge of the High Court, vide judgment and order dated 06.11.2009 allowed the appeal filed by the Respondent herein by reducing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition and contended inter-alia that her total holdings were 6.11 acres and out of the same, an extent of 4.63 acres had been acquired, thereby, leaving a balance of 1.48 acres and the same would be rendered useless. Hence, she prayed that even the said extent also be acquired. However, the Respondent herein affirmed the acquisition only in respect of 4.63 acres of land. 8. An Award enquiry was undertaken by the Respondent wherein Appellant herein claimed compensation at the rate of Rs. 20,000/- per cent for the land acquired. The Respondent herein, on the basis of a sale deed dated 15.04.1993, wherein an extent of 0.26 acres had been sold in Survey No. 294/A/1-B 16, proceeded to determine the value of the land at Rs. 400/- per cent. In pursuance of the same, the land measuring 4.63 acres was awarded a sum of Rs. 1,85,200/- along with 30% solatium to the tune of Rs. 55,560/- and 12% additional market value to the tune of Rs. 33,540/- thus totaling to Rs. 2,74,309/-. However, it was held that no severance compensation would be payable. 9. Aggrieved by the Award, the Appellant sought for a Reference Under Section 18 of the LA Act. The Appellant thus made a Reference to the Court of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owner who takes it over. Fair and reasonable compensation means the price of a willing buyer which is to be paid to the willing seller. Though the Act does not provide for "just terms" or "just compensation", but the market value is to be assessed taking into consideration the use to which it is being put on acquisition and whether the land has unusual or unique features or potentialities. 11. Similarly, public purpose is not capable of precise definition. Each case has to be considered in the light of the purpose for which acquisition is sought for. It is to serve the general interest of the community as opposed to the particular interest of the individual. Public purpose broadly speaking would include the purpose in which the general interest of the society as opposed to the particular interest of the individual is directly and vitally concerned. Generally the executive would be the best judge to determine whether or not the impugned purpose is a public purpose. Yet it is not beyond the purview of judicial scrutiny. The interest of a Section of the society may be public purpose when it is benefited by the acquisition. The acquisition in question must indicate that it was towards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale deed dated 09.07.1993 an extent of 3 1/2 cents in S. No. 326/1W2 and 325/1A4A have been sold for Rs. 22,900/- at the rate of Rs. 6,545/- per cent. 14. Learned subordinate Judge, further held as under: In Exh. B-4, an extent of 2 cents of land in S. No. 123 has been sold for Rs. 4,752/-. The above sale transactions took place prior to the notification issued Under Section 4(1) but the said transactions have been considered and rejected by the Respondents. The reason for rejecting Exh. B-3 is that the land is a house site situated adjacent to the national highway. While considering the reason for rejection is acceptable or not, the Respondents themselves have admitted that the acquired lands are fit to be converted as house sites. As the acquisition of land is for house sites, the non acceptance of value of the house site and acceptance of the value of agricultural land in S. No. 294, is not acceptable. The sale deeds Exh. A-1 to A-4 submitted on behalf of the claimant are relating to the lands in S. No. 323, 325 and 326, situate adjacent to National Highway and the value of those lands are more than Rs. 4,000/- per cent which has been accepted by the government itself, as mar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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