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2004 Supreme(Mad) 779

S.SARDAR ZACKRIA HUSSAIN, P.SATHASIVAM
Tube Investments of India Limited, Madras – Appellant
Versus
The Special Tahsildar (Land Acquisition), Miscellaneous Scheme, Madras – Respondent


Advocates:
S.Parthasarathy, for Appellant.
R.Ashokan, Additional Government Pleader (AS), for Respondent.

P.Sathasivam,J.: M/s.Tube Investments of India Limited, Madras-1-claimant in L.A.O.P.No.58 of 1984 on the file of Subordinate Judge, Poonamallee is the appellant in the above appeal.

2. An extent of 5.46 acres of land in Survey Nos.885/4B, 886/4 and 886/5 were acquired by the Government for construction of Railway line. For the said purpose, the Government of Tamil Nadu issued a notification under Sec.4(1) of the Land Acquisition Act (Central Act) 1894 (in short “the Act”) on 7.10.1975. After completing the formalities, the Land Acquisition Officer passed an award in Award No.3/80-81 on 14.2.1981, fixing the compensation at the rate of Rs.26 per cent and awarded total compensation of Rs.20,651.63. Aggrieved by the said amount, at the instance of the claimant, the matter was referred to Sub-Court, Poonamallee, which resulted in L.A.O.P.No.58 of 1984.

3. Before the Court below, on behalf of the claimant, D.Janarthanan was examined as C.W.1 and also marked Exs.A-1 to A-3. On the side of the Referring Officer, R.Duraisamy, Special Tahsildar was examined as R.W.1 and marked Ex.R-1. The learned Subordinate Judge, on appreciation of oral and documentary evidence and relying on Ex.A-2, which












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