HINDUSTAN OIL MILLS LIMITED Vs. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION
LAWS(SC)-1989-10-37
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on October 20,1989

HINDUSTAN OIL MILLS LIMITED Appellant
VERSUS
SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION) Respondents

JUDGEMENT

Ranganathan, J. - (1.) There are two appeals before us, one by Hindustan Oil Mills Ltd. (In liqn.) (hereinafter referred to as 'the company') and the other by Sampatlal Ramlal Kimtee (hereinafter referred to as 'Sampatlal'). The appeals relate to the question of compensation payable to the company and to Sampatlal in respect of certain land belonging to them acquired for the purpose of constructing a Dairy Plant under the Integrated Milk Project of the Andhra Pradesh Government.
(2.) Survey No. 135/1 in the village of Lallaguda in Hyderabad West Taluk in Hyderabad District is of the total extent of 16 acres 35 1/2 guntas. The entire survey No. belonged to Sampatlal originally but it appears that he had sold 10 acres out of this to the company sometime in 1947 to enable the latter to establish a lubricating oil plant thereon. Thus, at present, it is common ground that 10 acres belong to the company and 6 acres 35 1/2 guntas to Sampatlal.
(3.) The Andhra Pradesh Government issued a notification under S. 4 of the Land Acquisition Act dated 26th April, 1961 published in the Gazette on May 11, 1961. This notification, inter alia, related to the proposed acquisition of dry lands in survey No. 135 / 1 "belonging to Sampatlal -13-20-18- acres". Certain other lands were also referred to in the notification belonging to other parties with which we are not concerned and the total area proposed to be acquired was given as 18-36-30 acres.;


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