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2006 Supreme(Mad) 2017

P.D.DINAKARAN, P.P.S.JANARTHANA RAJA
The Land Acquisition Officer (Sub Collector), Coonoor – Appellant
Versus
Pappammal & Others – Respondent


Appearing Advocates: For the Appellant:V. Ravi, AGP. For the Respondents:R20 to 22, S.K. Raghunathan, G. Muniratnam & R26, Baskarapandian, Advocate.

Judgment :-

P.D. Dinakaran, J.

The appeal is preferred by the Government against the order of the learned District Judge, Udhagamandalam in LAOP. No.13 of 1989, dated 9.5.1996.

2.1. The lands of an extent of 11.32 acres situated in Survey Nos.1106/4A3, 1106/4B1, 1106/4C2 of Udhagamandamam were acquired by the Government for housing a Dairy Complex at Udhagamandalam. The notification under Section 4(1) of the Land Acquisition Act, 1894 was gazetted on 15.12.1980.

2.2. The Land Acquisition Officer passed an award fixing the market value of the acquired land at Rs.50,000/- per acre. Not accepting the compensation awarded by the Land Acquisition Officer, the claimants sought for reference under Section 18 of the Act for enhancement.

2.3. The Sub Court, Udhagamandalam, by order dated 26.9.1983 in O.P.No.38 of 1981, after considering the evidence, both oral and documentary, awarded compensation at the rate of Rs.5 lakhs per acre to the claimants, Kasim Sait, Ahmed Sait, Ali Sait, who are arrayed as respondents 20 to 22 herein. In so far as other claimants are concerned, the Sub Court did not grant any relief.

2.4. Aggrieved by the order of the Sub Court, the Government filed an appeal befo

















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