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2001 Supreme(Mad) 77

A.SUBBULAKSHMY, P.SHANMUGAM
General Manager – Appellant
Versus
Shanmughavel Chettiar – Respondent


Advocates:
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SHANMUGAM & THE HONOURABLE MR. JUSTICE A. SUBBULAKSHMY
The General Manager, Tamil Nadu Cements Corporation Ltd. (A Government of Tamil Nadu Enterprise) Alangulam, Tirunelveli District
Versus
Shanmughavel Chettiar and others
A.S. No. 146 and 195 of 1995
Decided on: 23-01-2001

Judgment :

P. Shanmugam, J.

1. The second respondent before the Principal Sub-court, Tirunelveli (Reference Court under L.A.O.P) is the appellant herein. A total extent of 44.401/2 acres of lands were acquired for mining of limestone for Tamil Nadu Cement Corporation Limited. Notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 30.4.1986 and the draft declaration under Section 6 was published on 19.5.1987. An Award was made dated 21.4.1988. The Land Acquisition Officer determined the compensation at Rs.2,500 per acre. Aggrieved by the said award, the claimants sought for reference. The reference Court enhanced the compensation to Rs.1,80,000. The reference Court has granted Rs 11,000 as claimed by the claimants for the surface of the soil rights and Rs 1,69,000 for the subsoil rights, and the same had been conceded by the Reference Court. Aggrieved by this determination, the above appeals are filed.

2. According to the learned Advocate General appearing on behalf of the appellant, there is no provision under the Land Acquisition Act for evaluing the Mineral Wealth of the land. The mineral, if any, found under the sub-soil, is not the property of the cl






























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