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Judgment
Srinivasan, J.—The appeal is taken up for hearing with the consent of parties. The only question in whether the award of compensation at
the rate of Rs. 2000/- per cent by the Court below is correct. Learned Additional Government Pleader argues that the claimant herself at the time
of Award proceedings claimed only at the rate of Rs. 1000/- per cent and that there is no documentary evidence before the Court to support the
fixation at the rate of Rs. 2000/- per cent.
Learned Subordinate Judge has referred to the evidence of the claimant that number of companies are surrounding the property and
Thiruvothivur High Road is within one mile from the acquired property. These facts are not disputed. Hence, the learned Subordinate Judge is right
in accepting the oral evidence of the claimant. The Special Thasildar has not chosen to produce any documentary evidence to sustain his Award.
The contentions that during the enquiry proceedings the claimant wanted only Rs. 1000/- per cent is not acceptable. The Award was passed on
30-9-1982. The notification under S. 4(1) of the Land Acquisition Act was made in the year 1962. It took nearly 20 years for the office to
complete the Award enquiry and pass the Award. It is wholly unjust to any that the claimant will be entitled at the rate of Rs. 1000/- per cent only.
No doubt, the court has to fix the value of the land as on the date of notification. But having regard to the fact that more than two decades had
elapsed since the date of notification, it will be unjust to compel the claimant to accept the compensation at the rate which was prevailing before
1962.
Even otherwise it is seen that in the statement filed by the claimant before the court on 22-11-82. She has categorically stated that a cent of land
is valued at Rs. 5000/- on the date of notification and the compensation awarded was very low. When the claimant has filed a statement claiming
that the rate of compensation should be fixed at Rs. 5000/- per cent, there is no justification for interfering with the Award passed by the learned
Subordinate Judge at the rate of Rs. 2000/- per cent. I do not find any merit in the contentions put forward by the learned Additional Government
Pleader. The appeal fails and is dismissed. There will be no order as to costs.