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1972 Supreme(Kar) 93

E.S.VENKATARAMIAH, B.VENKATASWAMI
SPECIAL LAND ACQUISITION OFFICER, MANGALORE – Appellant
Versus
PIADADE FERNANDES – Respondent


( 1 ) THESE are an appeal and a cross-appeal, preferred by the Special Land Acquisition Officer, west Coast Road, Mangalore (hereinafter referred to as L. A. O.) and the claimant respectively. They are directed against an award made in O. P. No. 115 of 1963, on 28-11-1966. by the principal Civil Judge, Man-galore, they are therefore, disposed of by a common judgment.

( 2 ) BY a Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the l. A. Act) published on 9-2-1961, 54 cents of dry land in S. no. 43/6-A- 1-B of Kanakandy village was acquired for the purpose of construction of an approach road to Nethravathi bridge near Mangalore. There were also some buildings on the land whose total extent, in the ownership of the claimant, was 1 acre 20 cents and formed a part of the southern portion of the aforesaid number. It is not in dispute that the said land was sloping and really formed part of a small hill, and the village of Kanakandy. in which the said land is situate, was situated lust outside the municipal limits of Mangalorc Town.

( 3 ) BEFORE adverting specifically to the compensation awarded by the Court in regard to various heads of claims, it wi




















































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