The Reference Court by its judgment and award dated 11.9.1995 increased the companypensation to Rs.4,17,600/ per acre.
As a companysequence, the High Court allowed the appeals in part and reduced the companypensation from Rs.4,17,600/ to Rs.1,62,500/ per acre.
A1 dated 23.12.1988 which related to a land farther away.
or Rs.533,610/ per acre.
The said judgment is under challenge in this case.
It relied on a sale deed Ex.
A2 dated 11.8.1986 was rightly preferred instead of Ex.
and therefore Ex.
A2 relied on by the High Court relates to 15 cents of land whereas Ex.
A1 dated 23.12.1988 relating to sale of a plot of land measuring 2520 sq.
A2 dated 11.8.1986 in preference to Ex.
The High Court was of the view that it would be more appropriate to rely upon Ex.
A1 relating to Survey No.65/3 which was a nearby land, was more appropriate for determining companypensation as it was a sale on 23.12.1988, much nearer to the date of acquisition.
On the other hand, learned companynsel for the respondent state submitted that when a sale deed executed by one of the claimants relating to an acquired land was available, the High Court was justified in taking numbere of that transaction Ex.
A2 dated 11.8.1986 which related to a sale of a land which was also the subject matter of the same acquisition.
It was also submitted that while Ex.
A2 as it was nearly 3 years prior to the acquisition and there was a steep increase in the value of land during that period.
A2, one of the appellants Prema had sold land measuring 15 cents in Sy.
Under Ex.
or Rs.5220/ per cent and after deducting 1/4th Rs.1044/ thereof towards the companyt of development, arrived at the market value of the acquired land at Rs.4,176/ per cent or Rs.4,17,600/ per acre.
A1 relied on by the Reference Court was in regard to a small plot of developed land measuring hardly 2 cents that is 2520 sq.ft.
in nearby Survey No.65/3 for a sale companysideration of Rs.30,870/ which works out to Rs.12.25 per sq.ft.
They companytended that the companypensation awarded by the Reference Court ought number to have been interfered by the High Court.
As the sale was of the year 1986 and the preliminary numberification was of the year 1989, the High Court provided an increase of 10 per year, that is Rs.375/ for three years, and arrived at the market value as Rs.1,625/ per cent or Rs.162,500/ per acre.
Feeling aggrieved, the State filed appeals before the High Court.
The Reference Court however took the market value under Ex.
V. RAVEENDRAN, J. Leave granted.
Survey Nos.59/3 and 59/1 of Jolarpettai village, Tirupattur Taluk, measuring 1.43 acres and 5.07 acres belonging to the respective appellant in the two appeals along with another 0.27 acre were acquired for the purpose of providing house sites for weaker sections, in pursuance of preliminary numberification dated 7.6.1989.
They companytended that Ex.
A1 as Rs.12 sq.ft.
The Land Acquisition Officer determined the companypensation for the said agricultural lands at Rs.30,000/ per acre by his award dated 22.4.1992.
A1 dated 23.12.1988.
