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2022 Supreme(Mad) 1198

G. JAYACHANDRAN
Special Tahsildar (Land Acquisition), BHEL Unit, Ranipet – Appellant
Versus
Alpin Pio, Chemicals Limited, Madras its Managing Director – Respondent


Advocates appeared:
For the Appellant:Tamil Nithi, Additional Government Pleader. For the Respondents:R1, M. Vaidhiyanathan, Advocate, R2 to R9, No appearance.

JUDGMENT

(Prayer: Appeal Suit has been filed under Section 54 of the Land Acquisition Act, against the judgment and decree of the learned Subordinate Judge of Vellore dated 03.08.1989 and made in L.A.O.P.No.461 of 1984.)

1. The appeal by the Special Thasildar(Land Acquisition) BHEL Unit, Ranipet is against the award passed by the Reference Court fixing enhanced compensation of Rs.1,200/- per cent as against the compensation of Rs.32/- per cent fixed by the Acquisition Authority.

2. The land, which is the subject matter of this appeal, is part of vast extend of land acquired for establishing BHEL at Ranipet. The Section 4(1) Notification for acquisition of the 10.13 acres of land was issued on 20/05/1981. Award No.25/1982 was passed on 22/11/1981. Against the said award of granting Rs.32/- per cent, the respondents herein, who held 10.08 acres sought reference for higher compensation of Rs.1,500/- per cent land and in addition Rs.2,73,000/- towards the cost of construction and Rs.2 crores for the loss of presumptive income. Later, the compensation claimed for land amended to Rs.3,600/- per cent.

3. The Reference Court, considering the fact that prior to Section 4(1) Notification, an ext

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