The Hindu : Front Page : Court reduces compensation awarded to land owners

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Sunday, Dec 09, 2007
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Court reduces compensation awarded to land owners

Mohamed Imranullah S.

Their property was acquired for establishing Air Force Station in 1991

Land price fixed at Rs.1,744 per cent
Judge also deducts development charge

MADURAI: The Madras High Court has reduced the compensation awarded to landowners, whose property was acquired for establishing the Thanjavur Air Force Station way back in 1991.

Disposing of a batch of appeals filed by the State as well as the land owners, Justice G. Rajasuria fixed the land price at Rs.1,744 per cent as against Rs.1,960 awarded by the Thanjavur Principal Subordinate Judge in 2003.

He also deducted development charges, from the land price, at the rate of 56 per cent, though the sub judge had deducted only 40 per cent.

In result, the net compensation awarded to the land owners came down from Rs.1,176 to Rs. 819 per cent. The Government was directed to deposit the amount within six months.

The Special Tahsildar, Land Acquisition, had ordered the acquisition of land in 1991 at the rate of Rs. 220 per cent.

On appeal, the sub judge enhanced the compensation to Rs. 1,744 on the basis of a sample sale deed executed in the same year in respect of a nearby land measuring 2400 square feet for a sum of Rs.10,800.

In its appeal before the Bench, the State contended that the 1991 sample sale deed could not be relied upon to determine the land value as it had been executed with a view to claiming higher compensation.

Agreeing with the contention, Mr. Justice Rajasuria relied upon another sample sale deed executed in 1989, two years prior to the acquisition, wherein 2,400 square feet of land was sold for Rs.9,600.

On the claimant’s argument that the entire tract of land could not be valued equally because some were situated close to the Thanjavur-Pudukottai highway, the Judge said: “Considering the purpose of acquisition that is to set up an Air force station…there need not be any discrimination relating to the various portions of the same block of land.”

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