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1971 Supreme(Mad) 769

ISMAIL
V. P. G. Murugesan Pillai – Appellant
Versus
State of Madras – Respondent


Advocates:
R. G. Rajan and T. Manoharan, for Appellant; Asst. Govt. Pleader, for Respondent.

JUDGMENT :- The plaintiff in O. S. 32 of 1966 on the file of the court of the District Munsif, Nagapattinam, who lost before the courts below is the appellant herein.

2. The plaintiff was the owner of the land in T. S. No. 1749/1. In that land, an extent of 1 acre and 1609 sq. ft. was sought to be acquired by the Government under the provisions of the Land Acquisition Act. From Ex. B-9, the copy of the award, it appears that the notification under Section 4 (1) of the Land Acquisition Act was published in the Fort St. George Gazette dated 27-3-1963 and the declaration under Section 6 (1) of the Act was published in the Fort St. George Gazette dated 16-10-1963. Thereafter, the award was passed on 13-8-1964. Admittedly, the declaration under Section 6(1) of the Act referred to the extent of the land sought to be acquired only as 1 acre and 1609 sq. ft. and the award also provides for compensation only for that extent of land. The case of the appellant is that when subsequently in October 1964, he went to the spot, he found that the area enclosed between the boundary stones was actually 1 acre and 3240 sq. ft. i. e., 1631 sq. ft. in excess of the land acquired under the Land Acquisitio


























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