R SARAGAPANI Vs. SPECIAL TAHSILDAR KARUR DINDIGUL BROADGUAGE LINE
LAWS(SC)-2011-9-88
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on September 23,2011

R.SARAGAPANI Appellant
VERSUS
SPECIAL TAHSILDAR, KARUR-DINDIGUL BROADGUAGE LINE Respondents

JUDGEMENT

G.S. Singhvi, J. - (1.) These appeals are directed against judgment dated 5.10.2001 of the Madras High Court whereby the compensation determined by the Reference Court vide award dated 2.4.1993 passed in LAOP Nos. 29 and 30 of 1988 was substantially reduced.
(2.) On a requisition sent by Executive Engineer (Construction), Southern Railway for the acquisition of land for construction of Karur-Dindigul Broad Gauge Line, the Government of Tamil Nadu issued notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act), which was published in the official Gazette dated 30.5.1984 for the acquisition of 19.72 acres land including land comprised in survey Nos. 658/2, 663/3B, 664, 665/1, 667/1 and 668 owned by R. Saragapani and Soundararajan (both of whom are now represented by their legal representatives) situated in village Vembur, Vadasandur Taluk, Dindigul District. The Special Tahsildar inspected the acquired land and submitted report dated 6.1.1987 to District Revenue Officer, Anna, District Dindigul indicating therein that value of the acquired land and coconut trees available at the site including 30% solatium would be Rs. 3,70,190.50.
(3.) Land Acquisition Officer and Special Tahsildar, Karur-Dindigul Broad Gauge Railway Line, Unit II, Dindigul (for short, Rs. the Land Acquisition Officer) passed award dated 19.5.1987 and declared that the landowners are entitled to compensation at the rate of Rs. 6,500/- per acre. He also awarded Rs. 160/- per yielding coconut tree and Rs. 30/- per young coconut tree (trees with flowers and flowering stage).;


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