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2008 Supreme(Mad) 4225

S.TAMILVANAN, ELIPE DHARMA RAO
G. Ranganathan & Others – Appellant
Versus
The State of Tamil Nadu, rep. by its Commissioner and Secretary to Government, Transport Department & Another – Respondent


Advocates Appeared:
For the Appellants:N.G.R. Prasad, S. Vijayakumar, Advocates.
For the Respondents:R1, P. Wilson, Addl.Advocate General, R2, Ravi Bharathi, Advocate.

Judgment :-

Elipe Dharma Rao, J.

The appellants are the joint owners of the land admeasuring an extent of 1008 sq.ft. in T.S.Nos.23/1, 23/2 and 23/3 of Salem Municipality and the said land was acquired for expansion of tyre plant of the Tamil Nadu State Transport Corporation. According to the appellants the property was purchased by their father D.P.Gopala Iyengar as early as in 1926 in an auction conducted by Salem Municipality. It is seen that earlier the Government published a Notification under Section 4(1) of the Land Acquisition Act in the Government Gazette dated 7. 1979 as per G.O.Ms.No.597 Transport Department dated 35. 1979, stating that the land situated in T.S.Nos.23/1, 23/2 and 23/3 is needed for the expansion of the bus depot of the second respondent Corporation and after taking note of the objections raised by the appellants, those acquisition proceedings were dropped . Subsequently, again, the Government has published Section 4(1) Notification in G.O.Ms.No.537, Transport dated 5. 1984 for acquiring the same lands for the expansion of the second respondent Corporation and questioning the validity of the Section 4(1) Notification and the Section 6 Declaration dated 110

























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