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1978 Supreme(Mad) 116

T.RAMAPRASADA RAO, S.SURYAMURTHY
The Special Tahsildar for Land Acquisition Municipal Cases, Madurai – Appellant
Versus
G. Venkatesan and others – Respondent


Advocates:
The Additional Government Pleader, for Appellant
K.G. Manickavasagam and R. Sugantharaj, for Respondent.

Ramaprasada Rao, J.: — These five appeals arise out of a common judgment rendered by the First Additional Subordinate Judge, Madurai, on references made to the Court by the aggrieved parties-claimants under section 18 of the Land Acquisition Act, hereinafter to be referred as ‘the Act’. For the construction of a maternity home in Sundararajapuram area in Madurai town an extent of 31,467 sq. ft. in the first instance and an additional extent of 4,588 sq. ft. in S. No. 2003/1 was acquired pursuant to a notification under section 4(1) of the Act dated 22nd September, 1965, and a Government Memorandum dated 16th March, 1970, issued by the Government under section 49 (2) of the Act. We shall in the course of our judgment consider the necessity for the Government to act under section 49 (2) of the Act. Pursuant to the notification under section 4 (1) of the Act, the original extent of 31,467 sq. ft. in the above survey number was acquired and it is in consequence of the memorandum dated 16th March, 1970, communicated to the respondents on 9 th April, 1970, that the additional extent of 4,588 sq. ft. was acquired. Each respondent has an interest in one-fifth of the compulsorily acquired l















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