IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. A.D. Maria Clete, J
Union Of India, Rep., By Secretary To Government (Revenue), Pondicherry – Appellant
Versus
Tmt.Pappathi (deceased), W/o.Ganapathiya Pillai, 69 Market Street, T.R.Pattinam – Respondent
J U D G M E N T
Heard.
2.This appeal has been filed under Section 54 of the Land Acquisition Act, 1894 , challenging the award dated 31.10.2007 passed by the learned Additional District Judge, Puducherry at Karaikal in L.A.O.P. No. 56 of 2001. The appellants before this court are Union of India and the Deputy Collector (Revenue)-cum-Land Acquisition Officer, Karaikal.
3.The acquisition in question pertains to land measuring 00.02.47 Are in T.S. No. F/2/17/4D/5, situated at Karaikal, which was acquired for the purpose of establishing the II Market and Sandhai at Karaikal. The notification under Section 4(1) of the Act was issued on 24.06.1998, and the Land Acquisition Officer originally fixed compensation at Rs. 60,000/- per Are, based on the guideline value.
4.The claimant, dissatisfied with the quantum, sought reference under Section 18 of the Act. Upon reference, on a comprehensive appraisal, the reference Court noted that, although classified as nanjai, the acquired parcel lies in a rapidly urbanizing belt abutting the Thirunallar Road– Bharathiyar Road corridor and established layouts such as Murugaram and Ravanna Nagars, and therefore possesses clear non-agricultural potential
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