LAWS(MAD)-2010-6-88

SPECIAL TAHSILDAR Vs. C KANDASAMY NAIDU TRUST

Decided On June 18, 2010
SPECIAL TAHSILDAR (LAND ACQUISITION) Appellant
V/S
MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) Heard the arguments of Mr.V.Ravi, learned Special Government Pleader appearing for appellant, Mr.H.Devendran, learned counsel appearing for first respondent and Mr.D.Veerasekaran, learned cousnel appearing for Tamil Nadu Housing Board.

(2.) This appeal is filed by the Special Tahsildar, Land Acquisition against the judgment and decree made in LAOP No.301 of 1987, dated 19.1.2006 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.IV, Poonamallee.

(3.) The first respondent is the Trust which owned lands in Survey No.168/1 to an extent of 0.20 cents in Maduravoyal village. The said land was acquired for the purpose of K.K.Nagar extension scheme executed by the second respondent TNHB. Due procedure was followed and the award was passed in Award No.1/84, dated 7.9.1984. The acquisition officer fixed the value at Rs.52/- per cent. The respondent Trust sought for a reference under Section 18 of the Land Acquisition Act and the same was referred. Thes said reference was taken on file in LAOP No.301 of 1987. Before the Reference Court, on the side of the respondent claimant one Lakshmi Narayanan was examined as C.W.1 and two documents were filed and they were marked as Exs.C.1 to C.2. On the side of the appellant herein, one Kanagasabapathy was examined as R.W.1 and a copy of the Award in Award No.1 of 1984 was marked as Ex.R.1. O the side of the requisition body, no evidence was let in.