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2002 Supreme(Mad) 646

K.GNANAPRAKASAM, A.S.VENKATACHALA MOORTHY
The Special Tahsildar,The Tamilnadu Magnesite Limited, Salem & Another – Appellant
Versus
T. Nagendran & Others – Respondent


Advocates Appeared: For the Appellants :Mr.M.C.Swamy, Special Government Pleader. For the Respondents: R1 & R19 Mr.M.M.Sundaresh, R15, 16 and R 28 Mr.D.Shivakumaran, R5 to R9, R3, R5 to R8,10,11,13,17 , R20 to R25 20 to 25, R1 to 25, R1 to 4, 8 to 14, 32, 33 and R20,21, 43 to 46 Mr.R.Thiyagarajan, Senior Counsel for Mr.P.Jagadeesan.

Judgment :-

A.S.VENKATACHALAMOORTHY, J.

The notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called 'Act') was issued in the year 1984, proposing to acquire 196.44 acres of land in Thathiengarpatty village and Tekkampatty village in Omalur Taluk, Salem District for the benefit of Tamilnadu Magnesite Limited (TANMAG), Salem for setting up rotary kiln for manufacture of dead burnt magnesite for installation of benefication plant and manufacture of high quality refractory bricks. After conducting an enquiry under Section 5, declaration under Section 6 was made during the year 1984-85. In fact, some of the land owners voluntarily surrendered possession even prior to Section 4(1) notification i.e., prior to 1984. Suffice to mention for the purpose of this case, process of taking possession of entire area referred supra was completed in the year 1986.

2. An award enquiry was held and the Land Acquisition Officer passed as many as ten awards viz., Award Nos.1/1986 to 9/1986 and 11/1986 fixing compensation for the said lands. The Land Acquisition Officer fixed compensation at Rs.18,000/- per acre for irrigated dry lands and Rs.15,000/- per acre for unirrigated d



























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