NARENDRA DAIRY FARMS (P) LTD , REPRESENTED BY ITS DIRECTOR, V DURAISINGA LAKSHAMANA NAICKER Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition has been filed to withdraw the petition in E.P.No.127 of 2016 pending on the file of the Subordinate Court, Palani and to transfer the same to the Fast Track Court, Additional District Judge, Palani.

(2.) The learned counsel appearing for the petitioner would submit that in the year 1971, an extent of 108.51 hectares of land in Balasamudram Village and an extent of 63.53 hectares of land in Pudachur Village at Palani Taluk were acquired from the petitioners for construction of Palar-Porandalur Dam. Aggrieved by the same, the petitioners have filed Writ Petitions in W.P.Nos.119 & 120 of 1974 before this Court and this Court, by an order dated 09.04.1979 directed to continue the proceedings under the Land Acquisition Act as the subject lands cannot be brought under the Land Ceiling Act.

(3.) The learned counsel for the petitioners further submitted that the State had preferred appeals in W.A.Nos.677 & 678 of 1979 and the same were dismissed. Aggrieved by the same, the State had filed S.L.P.Nos.1285 & 1286 of 1992 before the Hon'ble Apex Court. The Hon'ble Apex Court had dismissed the said appeals, confirming the orders of the learned Single Judge, which was confirmed by the Division Bench. He further submitted that the Land Acquisition Officer again issued 4(1) notification on 11.01.1990 for the subject lands and passed award on 10.02.1993 determining the compensation at the rate of Rs.6,881/- per acre. The petitioners did not satisfy with the said award and sought for reference under Section 18 of the Act and approached the Subordinate Court, Palani and the Subordinate Court had determined the compensation at the rate of Rs.15,000/- per acre with all statutory benefits from 01.01972.