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1976 Supreme(SC) 73

P.K.GOSWAMI, H.R.KHANNA
State Of Madras – Appellant
Versus
K. N. Shanmugha Mudaliar – Respondent


Advocates:
A.Subhashini, A.V.RANGAM, K.JAYRAMAN GOWDA, R.CHANDRASHEKHAR REDDY

JUDGMENT

KHANNA, J.:—This appeal on certificate is by the State of Madras, now Tamil Nadu, against the judgment of Madras High Court, affirming on appeal the award of learned Subordinate Judge Salem in respect of the amount of compensation payable to the respondents for acquisition of land under the Land Acquisition Act (Act 1 of 1894) (hereinafter referred to as the Act). The High Court, however, directed that the interest on the amount awarded shall run from November 19, 1951, the date of the award by the Land Acquisition Officer and not from December 1, 1949 as ordered by the Subordinate Judge.

2. On July 12, 1949 notification under Section 4 of the Act was issued for the acquisition of 19 acres 45 cents of dry land situated in Aleguapuram Mitta for the Salem Fair Lands Co-operative Society Ltd. On December 19, 1950 Alagapuram Mitta was notified under the Madras Estates Abolition Act (Act 26 of 1948) (hereinafter referred to as the Abolition Act). A writ petition was filed in the High Court to challenge that notification. Further proceedings in pursuance of the notification were stayed by the High Court by order dated January 1, 1951. The Society for which acquisition was being m








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