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2023 Supreme(Mad) 1872

SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
S. Jayanthi – Appellant
Versus
Commissioner & Secretary to Government, Agriculture Department, State of Tamil Nadu, Chennai – Respondent


Advocates appeared:
For the Appellant:R. Gururaj for D. Baskar, Advocates. For the Respondents: R1 to R7, P. Muthukumar, State Govt. Pleader Assisted by K.M.D. Muhilan, Addl. Govt. Pleader, R8, N.R.R.Arun Natarajan, Spl. Govt. Pleader (HR & CE).

JUDGMENT

(Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set aside the order dated 09.09.2022 passed in W.P.No.23869 of 2022 on the file of this Court.)

Sanjay V. Gangapurwala, CJ.

We have heard Mr.R.Gururaj, learned counsel for the appellant.

2. The appellant challenges the judgment passed by the learned Single Judge of this Court dated 09.09.2022 in W.P. No. 23869 of 2022. Before the learned Single Judge, the appellant has challenged the notification dated 25.06.1980 and 20.06.1983, that is, the notification and declaration issued under Sections 4 and 6 of the Land Acquisition Act, 1894. The learned Single Judge of this Court dismissed the writ petition. The Court observed that the claim of the appellant is a stale claim and the property purchased by the appellant is after the award has been passed.

3. The learned counsel for the appellant vehemently contends that the vendor of the appellant was never issued with the notice under Section 4 of the Land Acquisition Act nor any amount of compensation was paid to him. The notifications challenged are illegal and do not stand to any reason. There is nothing on record to conclude that the property in question is a temple

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