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1935 (9) TMI 11

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..... the river Cauvery near Trichinopoly, and have been acquired for the purpose of making a new bund in the place of the old flood bank which was washed away by the serious flood in 1924. The lands are of the same quality throughout, that is to say, single crop land. The notification under the Act was made on October 20, 1925, and that is the date for determining the market value of the land. The clai .....

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..... n of this land and of neighbouring land by the Municipal Council. The Tahsildar recommended a price of ₹ 17-8-0 per cent. But it appears that the Tahsildar regarded this as the extreme price, for, in para 6 of his report he suggests that the owners might be willing to accept something between ₹ 15 and ₹ 17-8-0. The Revenue Inspector put the value at ₹ 15. We think that this .....

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..... he consent of the owners obtained. The two sections of the Act which make provision for Government taking possession are Section 16, which says that the Collector may take possession of the land after the award is made, and Section 17, which says that in cases of urgency the Collector may take possession even before the award has been made. Sub-section 3 of Section 17 makes provision for compensat .....

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..... est by way of compensation in circumstances which are very similar to the present. It was there said Their Lordships agree, that the justice of the case was met by holding that the appellant was entitled to compensation for the occupation of the Tands by the officials before: the notification of November 4, 1920, which, as before stated, was awarded in the form of interest in the value of the land .....

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..... st be given from the date of taking possession. We think that the lower Court was right in awarding 6 per cent, interest the rate fixed by Section 34, from the date on which the Government Officer took possession. 7. The appeal is, therefore, allowed in part with regard to the rate of compensation awarded; it will be reduced from ₹ 16 per cent to ₹ 15 per cent. The memoranda of obje .....

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