[Construction], Southern Railway, who is a Superior Officer to the appellant had sought acquisition of lands for broad gauge line from Salem to Karur. A Special Officer, Land Acquisition was appointed. Notification under Section 4(1) of the Land Acquisition Act had been issued and the Acquisition Officer had after due process which have not been challenged, fixed the value of the land at Rs.1,77,840/for one hectare acquired in L.A.O.P.No.102 of 2011 and Rs.44,383/for one hectare in the remaining cases, by award dated 23.11.1999. This award has been challenged before the Tribunal and it was contended that the rate per square feet should have been fixed. It had also been stated that the Land Acquisition Officer had failed to consider the potentiality of the acquired lands. The lands are said to be situated close to Karur Town, Railway Station and National Highway. During trial, on the side of the claimants, seven witnesses namely, each of the claimants and one Karikalan were examined as C.W.1 to C.W.7. The Referring Officer, Special Tahsildar, Land Acquisition, was examined as R.W.1 and eight documents were marked as Ex.R.1 to Ex.R.8. Ex.R.7 is the plan with regard to the acquired lands and Ex.R.8, dated 05.05.1997 is the Xerox copy of the Data Sale deed, on the basis of which, the Acquisition Officer had fixed the value of the land. On the side of the claimants, Ex.C.1, dated 22.04.1998-certified Xerox copy of the sale deed and Ex.C.2, dated 15.04.2010-common order passed by the learned Additional Subordinate Judge, in L.A.O.P.Nos.47 of 2002, 50 of 2002, 90 of 2002 and 124 of 2002, have been marked.
