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1989 Supreme(Ker) 500

V.S.MALIMATH, K.A.NAYAR
N. Paramu Pillai – Appellant
Versus
The District Collector – Respondent


JUDGMENT

V.S. Malimath, C.J.

1. This appeal is against the judgment of the learned single Judge dismissing O. P. No. 6177 of 1983, filed by the appellant. The appellant was a Village Officer, Thrikkaruva-Government servant. He was entrusted with the responsibility of preparing records for acquisition of land comprised in Sy. Nos. 8306/86/325 and 8303/367/137 of Thrikkaruva village. He prepared the records and the sketch showing the total extent of the land to be acquired as measuring 5 acres. It is on that basis that compensation was paid to the owner of the land acquired. Subsequently it came to the notice of the Government that the land actually acquired measured only 4 acres and 8 cents and that the Government was made to pay compensation in respect of 92 cents, though the said extent of the land was not actually ' acquired, only for the reason that the appellant gave wrong measurements of the lands acquired as 5 acres. On the ground that the State Government has suffered loss by being required to pay compensation in respect of 92 cents of land which was not actually acquired, on account of the negligence or misconduct in the discharge of the duties by the appellant as a Village O











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