STATE OF MADRAS Vs. DEIVASIGAMANI PILLAI

JUDGEMENT

(1.) THESE appeals are from the orders of Palaniswami J. and Ramaprasada Rao J. By a notification under Section 4 (1) of the Land Acquisition Act. certain piece of land was sought to be acquired for a public purpose, to wit, for the construction of a mutton and vegetable market. One of the survey numbers sought to be acquired, which both the appeals cover is R. S. No. 238 - 1A -1A -1 -A -1. The description in the notification is as follows -

(2.) OBJECTIONS were filed by the respondent that the land was not nathem poromboke, but belonged to them. But these objections were overruled. There was a declaration under Section 6 on 20 -8 -1967, which was published. Thereafter, on 28 -5 -1968, an erratum to the declaration was published to the effect that what was sought to be acquired on the survey number was not the land itself but the thatched tea hotel and also well. It is this notification that was quashed by Palaniswami J. He found -