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1997 Supreme(Mad) 1178

A.R.LAKSHMANAN
The Land Acquisition Officer-cum-Revenue Divisional Officer, Tirunelveli – Appellant
Versus
Swaminatha Mudaliar – Respondent


Advocates Appeared:
For the Petitioner:K.V. Venkatapathi, Advocate General and S. Mohamed Yousuf, Special Government Pleader.
For the Respondents:G. Subramaniam, Senior Counsel for P. Peppin Fernando, Advocate.

Judgment :-

1. The matter arises under the Land Acquisition Act (hereinafter referred to as the Act). The Land Acquisition Officer-cum-Revenue Divisional Officer, Tirunelveli, is the revision petitioner. Both the revisions have been filed against the orders of the Principal Subordinate Judge, Tirunelveli, in I.A.Nos.219 and 231 of 1992 in L.A.O.No.46 of 1988. Those two applications were filed by the respondents/claimants under Sec.152 of the Code of Civil Procedure wherein the respondents have prayed for the grant of leave to amend the judgment and decree in respect of interest at the rate of 15% instead of at 9% based under Sec.28 of the Act, which provides for interest on solatium, and to grant leave to amend the judgment and decree in respect of the increased amount under Sec.23(l-A) of the Act and interest thereon under Sec.28 of the Act. The trial court allowed both the applications against which the present revisions have been filed by the State.

2. The lands in question were acquired by the state at the rate of Rs.1,303 per acre and on a reference to the Sub Court, Tirunelveli, the same was raised to Rs.20,000 per acre, with solatium of 30% and interest at 12% per annum from













































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