LAWS(MAD)-1994-7-125

N. MANGALCHAND VAID AND ORS. Vs. THE SPECIAL SECRETARY TO GOVERNMENT OF TAMIL NADU PUBLIC WORKS DEPARTMENT (ELECTRICITY) AND ORS.

Decided On July 11, 1994
N. MANGALCHAND VAID AND ORS. Appellant
V/S
THE SPECIAL SECRETARY TO GOVERNMENT OF TAMIL NADU PUBLIC WORKS DEPARTMENT (ELECTRICITY) AND ORS. Respondents

JUDGEMENT

(1.) At the stage of admission, the Respondents are notified. Accordingly, learned Advocate General has put in appearance for the Respondents. As the matter relates to acquisition pertaining to Pykara Ultimate Stage Hydro Electric Project, it requires to be considered out of turn. Hence, the appeal is admitted and it is heard for final disposal.

(2.) The Petitioners are Appellants. They sought for quashing the Notification issued under Sec. 4(1) of the Land Acquisition Act with urgency clause for acquiring an extent of 0.24.5 hectares in S. No. 236/6A of Masinagudi Village, Udhagai Taluk, Nilgiris district, for formation of portal for Audit-4 to Tall Race Tunnel of Pykara Ultimate Stage Hydro Electric Project.

(3.) Learned Single Judge has upheld the acquisition proceedings. While doing so, learned single judge has gone into the question as to whether the Appellants would be entitled to compensation with regard to the minerals and other materials found during the course of digging the tunnel and has held that the Appellants would not be entitled to any compensation in respect of the minerals and other materials found while digging the tunnel.