G.S.SINGHVI, ASOK KUMAR GANGULY
Sagunthala (Dead) through – Appellant
Versus
Special Tehsildar – Respondent
JUDGMENT
Ganguly, J.
1. These appeals have been filed challenging the judgment and order dated 23.1.01 of Madras High Court.
2. Facts relevant to the present dispute are that an extent of 196 acres of lands were acquired for the purpose of expansion of Tamil Nadu Magnesite Limited, a State owned company. Various notifications under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) were issued in the month of February, March and May 1984.
3. In connection with giving compensation for that acquisition, the Land Acquisition Officer had fixed the market value at the rate of Rs.18,000/- per acre for irrigated dry land and Rs.15,000/- per acre for unirrigated dry land in Award Nos. 1 to 9 and 11 of 1986.
4. As the claimants felt aggrieved by and dissatisfied with the awards, they asked for reference under Section 18 of the Act. The Reference Court, i.e. the Court of Subordinate Judge Salem, after considering the documentary and oral evidence, treated the lands as potential house sites and fixed the market value at Rs.1,75,000/- per acre.
5. The case as put forward by the claimants before the Reference Court and this Court was that the compensation wa
Land Acquisition Officer, ELURU and others v. Jasti Rohini (Smt.) and another [(1995) 1 SCC 717]
State of Orissa v. Brij Lal Misra and others, [(1995) 5 SCC 203]
Viluben Jhalejar Contractor (Dead) by Lrs. v. State of Gujarat, (2005) 4 SCC 789
Attar Singh and another v. Union of India and another, (2009) 9 SCC 289
Periyar and Pareekanni Rubbers Ltd. v. State of Kerala [AIR 1990 SC 2192]
Special Deputy Collector & Another v. Kurra Sambasiva Rao & Others, (1997) 6 SCC 41
Kiran Tandon v. Allahabad Development Authority and another, [(2004) 10 SCC 745]
Avinash Dhavaji Naik v. State of Maharashtra, (2009) 11 SCC 171
Atma Singh (Dead) through Lrs., and others v. State of Haryana and another, [(2008) 2 SCC 568]
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