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2009 Supreme(Mad) 5415

R.BANUMATHI
The Special Tahsildar Adi Dravidar Welfare Sathiyamangalam – Appellant
Versus
Subramaniam & Others – Respondent


Advocates appeared:
For the Appellant Ms. Bhavani Subbarayan Special Government Pleader (CS).
For the Respondents:T. Murugamanickam, Advocate.

Judgment

This Second Appeal arises out of Judgment in C.M.A.No.22 of 2001 dated 12. 2005 on the file of Principal Sub Court, Gobichettipalayam enhancing market value of the land acquired from Rs.57,831/- p.a to Rs.80, 435/- p.a.

2. Brief facts which led to filing of Second Appeal are that an extent of 1.07 acre of land situated in S.No.40/10, 40/12, 40/14 and 40/16 in Kadathur Village was acquired for the purpose of providing house sites to homeless Adi-Dravidars under the Tamilnadu Acquisition of land for Harijan Welfare Schemes Act 1978 (hereinafter shortly called as Act 31/78). Under the provision of the Act 31/78, Section 4(1) notification was published in the District Gazette No.55 dated 18. 2000. The Land Acquisition Officer after due adherence to all statutory provisions under the Act 31/78 passed an award in Award No.7/2000-2001, dated 12. 2001. The market value for the land acquired was fixed at Rs.57,831/- per acre. In arriving at the said market value, the Competent Authority had taken Ex.B2-data sale deed dated 18. 2000 under which 0.33.5 Hectare of land in S.No.92/3 was sole for Rs.48,000/-. Award was passed for Rs.71,161.04 as under:-At the rate of Rs.57,831/- per acr































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