M V SADAGOPAL NAICKER Vs. REVENUE DIVISIONAL OFFICER
LAWS(MAD)-2003-6-9
HIGH COURT OF MADRAS
Decided on June 01,2003

M.V.SADAGOPAL NAICKER Appellant
VERSUS
REVENUE DIVISIONAL OFFICER Respondents




JUDGEMENT

A.S.VENKATACHALAMOORTHY, J. - (1.)The above appeals can be disposed of by a Common Judgment since the same have been preferred only against the Judgment in LAOP No.13 of 1991 on the file of the Subordinate Court, Dharapuram.
(2.)The State of Tamil Nadu, represented by the Revenue Divisional Officer, Dharapuram, acquired lands in Chitharavuthanpalayam village, situated within Dharapuram Municipal Limits, for the purpose of formation of Dharapuram bypass road. Notification under Section 4(1) of the Land Acquisition Act was issued on 30.11.1982. In fact, possession was taken much earlier that was on 16.02.1981. Not being satisfied with the fixation of market value of the lands by the Land Acquisition Officer, the land owners/claimants sought for reference under Section-18 of the Land Acquisition Act. The reference was taken on file by the learned Subordinate Judge, Dharapuram, and numbered as LAOP No.13 of 1991. Though the land owners claimed market value at the rate of Rs.10,000/- per cent in respect of the acquired lands, the learned Subordinate Judge fixed the market value only at Rs.2,750/- per cent.
(3.)Appeal Suit No.1345 of 1995 has been filed by claimants-1 to 3, who are the owners of an extent of 1.63 acres and 1.48 acres in S. Nos.371/2 and 384/2 respectively. A.S. No.411/96 has been filed by claimants-39 to 48, who are the land owners of an extent of 1.70 acres comprised in S. Nos.171/2, 173/2 and 169/1. A.S. No.401 of 2003 has been filed by the claimants-23 to 36, 38 and 49, who are the land owners of an extent of 2.48 acres comprised in S. Nos.372/3B, 373/2B, 373/36/B2, B3 & G1-A. Appeal Suit No.73 of 1997 has been filed by the State, questioning the correctness of fixation of market value by the Reference Court at Rs.2,750/- per cent.


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