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1995 Supreme(Mad) 558

A.R.LAKSHMANAN, SRINIVASAN
K. N. Nagarajan and another – Appellant
Versus
The Special Deputy Collector, Land Acquisition Works, Madras City and another – Respondent


Advocates:
Mr. P.S. Raman for Mrs. Jayanthi Natarajan, Advocate, for the
Petitioners; Mr. P. Satahsivam, Special Government Pleader, for the Respondents.

Judgment :-

Srinivasan J

In this Writ Petition, the validity of acquisition of 61 cents in R.S.Nos.29 and 30, Velacherry, Madras under Notification dated 15. 1973 under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) is challenged. The acquisition is for the purpose of formation of a by-pass road connecting Murmalong Bridge and Irumpuliyur Road. The property originally belonged to one Bagyalakshmiamma, who sold it on 20.11.1955 to one Pallat Sankaran Nair. Though the purchase was in the year 1955, the said Sankaran Nair did not get the revenue records mutated in his favour. However, he got copies of the proceedings of acquisition under Section 4(1) of the Act and he sent a communication to the Special Deputy Collector on 10. 1975 by which he informed that portions of the property had been sold. He did not however take care to give the particulars as to the sales made by him. He did not even mention the names of the purchasers. Yet another letter was sent by him on 112. 1982, in which, he had categorically stated that he had no objection in acquiring the land in his possession.

a.2 . The declaration under Section 6 was published on 5. 1976. An amendment







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