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2002 Supreme(Mad) 1281

A.KULASEKARAN, A.S.VENKATACHALA MOORTHY
Sub Collector, Dindigul – Appellant
Versus
Tmt. Lakshmi Ammal – Respondent


Advocates Appeared:
Mr.R.Ashokan, Addl.Govt.Pleader, for Appellant in A.S.1068 of 1990 & Respondent in Cross Objection. Mr.V.Raghavachari, Advocate for Respondent in A.S.1068 of 1990 & Cross Objector.

Judgment :-

A.S. Venkatachalamoorthy, J.

1. To form a link road between Chellandiamman Koil and Palani road in Chettinaickanpatty, a strip of land was acquired by the State including the one viz., an extent of 1254 sq.ft. comprised in T.S.No.26 in the said village.

2. The notification under Section 4(1) of the Land Acquisition Act dated 8.12.1971 was duly published. The Land Acquisition Officer, after following the procedure laid down under the Act, passed an award viz ., Award No.4 of 1978. The award is dated 15.12.1978, wherein the Land Acquisition Officer fixed the compensation at Rs.14,501.04. The split up figures are, value of the land at Rs.2.40 per sq.ft. for 1254 sq.ft – Rs.3,009.60; for the super structure at the rate of Rs.8 for 1200 sq.ft – Rs.9,600; and damages at 15% - Rs.1,891.44, thus the Land Acquisition Officer passed the award for Rs.14,501.04.

3. The respondent/landlady, being aggrieved by the said fixation, requested the Land Acquisition Officer to refer the matter to the Civil Court for the purpose of fixing the market value. The matter was referred to the Subordinate Judge, Dindigul, who took the same on file and it was numbered as L.A.O.P.177 of 1980. Before





















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