SALEM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant herein is the writ petitioner and aggrieved by the dismissal of the writ petition in W.P.No. 8671 of 2004 dated 01.04.2004, had preferred this writ appeal.

(2.) The facts which are necessary for disposal of this writ appeal are given here under:

(3.) In the writ appeal, respondents 2 and 3 had filed their counter. In the counter, it is averred that during the pendency of the acquisition proceedings, the ex-land owners viz., respondents 4 to 8, at the time of enquiry under Section 5-A of the Land Acquisition Act, 1894, requested for allotment of 1.67 acres of land for their own use and it was rejected by the second respondent-Board. Thereafter, the declaration under Section 6 of the Land Acquisition Act, 1894 was issued and possession of the land was taken on 04.12.1979 and aggrieved by the quantum of the compensation awarded, the land owners filed LAOP No. 13 of 1980 and the Reference Court viz., Sub Court, Salem, had enhanced the quantum of compensation and an appeal in A.S.No. 945 of 1982 has been preferred against the judgment in LAOP No. 13 of 1980 and the same was also dismissed on 03.08.1989.