M INBARAJ Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) CLAIMANTS are the appellants. This appeal arises against the award dated 05.01.1990 passed by the learned Subordinate Judge, Poonamallee, in L.A.O.P.No.179 of 1985, whereby the claimants were awarded with compensation, after fixing the market value of the acquired land at Rs. 1000/- per cent. The claimants made a claim at the rate of Rs. 2,000/- per cent.

(2.) AN extent of 1.61 acres in Survey No. 570 in Mogappair village, is the acquired land along with other lands for the purpose of Ambattur Neighbourhood Scheme by Tamil Nadu Housing Board. For the said purpose, the Government of Tamil Nadu issued a Notification under section 4(1) of the Land Acquisition Act, 1894 and the same was published in the Government Gazette dated 12.11.1975. Even that Notification contains this particular acquired land of an extent of 1.61 acres in Survey No.570 along with the extents of other lands in the same survey number. Possession of the land was taken over by the Government on 15.09.1983.

(3.) MR. Subramaniam, learned counsel for the appellants/ claimants submitted a copy of the judgment in Appeal Nos.579 of 1989 batch, which were filed against the award passed in LAOP.Nos.176, 177,195,197 of 1985,5,8,9,10 and 11 of 1986. That order revealed that it is under the same 4(1) Notification, the entire land including the subject matter of this appeal was acquired. As mentioned earlier, the Notification under Section 4(1) of the said Act was published in Tamil Nadu Government Gazette on 12.11.1975 for Ambattur Neighbourhood Scheme at the instance of the Tamil Nadu Housing Board, Nandanam, Madras-35.