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1970 Supreme(Mad) 67

T.RAMAPRASADA RAO, B.S.SOMASUNDARAM
Varadarajulu Naidu – Appellant
Versus
The Revenue Divisional Officer, Tirukoilur – Respondent


Advocates:
Kanakaraj, for Appellant.
Additional Government Pleader, for Respondent.

Ramaprasada Rao, J. — One acre and twelve cents of land in T. S. No. 37-A/1-B in Thokkavadi Village, Villupuram Taluk, South Arcot District, was acquired compuslorily for the use as a weekly cattle market. This acquisition was at the instance of the District Board, as it then was, of the district. The District Board initially applied also for the acquisition of R. S. No. 37-B/2-B of the same Village for purposes of the weekly shandy. Later, on the suggestion of the Collector, the proposal for the acquisition of R.S. No. 37-B/2-B was withdrawn, for it was felt that the said land was on the other side of the railway line and it cannot be reached from R.S. No. 37-A/1 -B excepting though crossing the railway line which is objectionable. It was also found that R.S. No. 37-B/2-B was not used as a market place, whereas the land acquired was so being used as a shandy for the sale of cattle. It was with this initial background that the above extent of land in R. S. No. 37-A/1-R belonging to the appellant was acquired under the provisions of the Land Acquisition Act for which purpose a notification under section 4(1) thereof was issued on 29th February, 1956. The claimant, both before the La















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