Madras High Court
The Special Tahsildar vs Sivalingam on 29 October, 2025
A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 15-10-2025 and 17-10-2025
Pronounced on : 29-10-2025
CORAM
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
and
CMP Nos.3986, 3995, 4012, 3936, 3945, 3950, 3960, 3961, 3972
& 3975 of 2020
A.S. No.322 of 2020 and CMP No.3986 of 2020
The Special Tahsildar, (L.A.)
Unit- II, Arasu Cements Factory,
Ariyalur. ...Appellant
Vs
1. Sivalingam
S/o.Govinda Moopanar,
Velipiringiyam Village,
Ariyalur Taluk & District.
2. Managing Director,
Arasu Cements Corporation,
Chennai.
3. Deputy General Manager,
Arasu Cements Factory,
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.46 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
or other order as this Court may deem fit and proper in the circumstances of
the case and thus render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.46 of 2001 dated 30.01.2017 on the Sub Court, Ariyalur pending disposal
of the above appeal thus render justice.
For Appellant : Mr.G.Nanmaran
Special Government Pleader
For Respondents : Mr.R.Gokulakrishnan, Advocate for R1
Mr.A.Sivaji
Standing Counsel for R2 & R3
A.S. No.326 of 2020 and CMP No.3995 of 2020
The Special Tahsildar, (L.A.)
Unit- II, Arasu Cements Factory,
Ariyalur.
...Appellant
Vs
1. Thisaiyammal,
W/o.Nallathambi
Velipiringiyam,
Ariyalur Taluk & District.
2. Managing Director,
Arasu Cements Corporation,
Chennai.
3. Deputy General Manager,
Arasu Cements Factory,
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.19 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order as this Court may deem fit and proper in the circumstances of
the case and thus render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.19 of 2001 dated 30.1.2017 on the Sub Court, Ariyalur pending disposal
of the above appeal thus render justice.
For Appellant : Mr.R.Kumaravel
Additional Government Pleader
For Respondents : Mr.R.Gokulakrishnan, Advocate for R1
Mr.A.Sivaji
Standing Counsel for R2 & R3
A.S. No.334 of 2020 and CMP No.4012 of 2020
The Special Tahsildar, (L.A.)
Unit II Arasu Cements Factory,
Ariyalur. ...Appellant
Vs
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
1. Sekar
S/o.Govindan,
Velipringiyam Village,
Ariyalur Taluk And District.
2. Pappathi
W/o.Govindan,
Velipringiyam Village,
Ariyalur Taluk And District.
3. Managing Director,
Arasu Cements Corporation,
Chennai.
4. Deputy General Manager,
Arasu Cements Factory,
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.43 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order as this Court may deem fit and proper in the circumstances of
the case and thus render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.43 of 2001 dated 30.01.2017 on the Sub Court, Ariyalur pending disposal
of the above appeal thus render justice.
For Appellant : Mr.M.Murali,
Government Advocate
For Respondents : Mr.R.Gokulakrishnan, Advocate
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
for R1 & R2
Mr.A.Sivaji
Standing Counsel for R3 & R4
A.S. No.305 of 2020 and CMP No.3936 of 2020
The Special Tahsildar, (L.A)
Unit II Arasu Cements Factory,
Ariyalur. ...Appellant
Vs
1. Jothi
W/o.Velumani
Velipiringiyam Village
Ariyalur Taluk & District
2. Managing Director,
Arasu Cements Corporation
Chennai.
3. Deputy General Manager,
Arasu Cements Factory
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.45 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order as this Court may deem fit and proper in the circumstances of
the case and thus render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.45/2001 dated 30.01.2017 on the Sub Court, Ariyalur pending disposal of
the above appeal thus render justice.
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
For Appellants : Mr.R.Kumaravel
Additional Government Pleader
For Respondents : Mr.R.Gokulakrishnan, Advocate for R1
Mr.A.Sivaji
Standing Counsel for R2 & R3
A.S. No.309 of 2020 and CMP No.3945 of 2020
The Special Tahsildar, (L.A)
Unit II Arasu Cements Factory
Ariyalur. ...Appellant
Vs
1. Rajangam
S/o.Arumuga Moopanar
Velipiringiam
Ariyalur Taluk & District
2. Managing Director,
Arasu Cements Corporation
Chennai.
3. Deputy General Manager,
Arasu Cements Factory
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.32 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order as this Court may deem fit and proper in the circumstances of
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
the case and thus render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.32/2001 dated 30.01.2017 on the Sub Court, Ariyalur pending disposal of
the above appeal thus render justice.
For Appellants : Mr.M.Murali
Government Advocate
For Respondents : Mr.R.Gokulakrishnan, Advocate for R1
Mr.A.Sivaji
Standing Counsel for R2 & R3
A.S. No.312 of 2020 and CMP No.3950 of 2020
The Special Tahsildar, (L.A)
Unit II Arasu Cements Factory
Ariyalur.
...Appellant
Vs
1. Saminathan
S/o.Vadivel Moopanar
Velipiringiyam Village
Ariyalur Taluk & District
2. Managing Director,
Arasu Cements Corporation
Chennai.
3. Deputy General Manager,
Arasu Cements Factory
Ariyalur. ...Respondents
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.26 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order as this Court may deem fit and proper in the circumstances of
the case and thus render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.26/2001 dated 30.01.2017 on the Sub Court, Ariyalur pending disposal of
the above appeal thus render justice.
For Appellants : Mr.M.Murali
Government Advocate
For Respondents : Mr.R.Gokulakrishnan, Advocate for R1
Mr.A.Sivaji
Standing Counsel for R2 & R3
A.S. No.314 of 2020 and CMP No.3960 of 2020
The Special Tahsildar, (L.A)
Unit II Arasu Cements Factory
Ariyalur. ...Appellant
Vs
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
1. Palanisamy
S/o.Murugaiya Moopanar
Velipiringiyam Village
Ariyalur Taluk & District
2. Managing Director,
Arasu Cements Corporation
Chennai.
3. Deputy General Manager,
Arasu Cements Factory
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.21 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order as this Court may deem fit and proper in the circumstances of
the case and this render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.21/2001 dated 30.01.2017 on the Sub Court, Ariyalur pending disposal of
the above appeal thus render justice.
For Appellants : Mr.V.Venkata Seshaiyya
Government Advocate
For Respondents : Mr.R.Gokulakrishnan for R1
Mr.A.Sivaji
Standing Counsel for R2 & R3
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A.S. No.316 of 2020 and CMP No.3961 of 2020
The Special Tahsildar, (L.A)
Unit II Arasu Cements Factory
Ariyalur. ...Appellant
Vs
1. Nagarajan
S/o.Karuppa Moopanar
Velipiringiyam Village
Ariyalur Taluk & District
2. Managing Director,
Arasu Cements Corporation
Chennai.
3. Deputy General Manager,
Arasu Cements Factory
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.29 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order as this Court may deem fit and proper in the circumstances of
the case and thus render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.29/2001 dated 30.01.2017 on the Sub Court, Ariyalur pending disposal of
the above appeal thus render justice.
For Appellants : Mr.V.Venkata Seshaiyya
Government Advocate
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
For Respondents : Mr.R.Gokulakrishnan for R1
Mr.A.Sivaji
Standing Counsel for R2 & R3
A.S. No.319 of 2020 and CMP No.3972 of 2020
The Special Tahsildar, (L.A)
Unit II Arasu Cements Factory
Ariyalur. ...Appellant
Vs
1.Rajangam
S/o.Arumugam
Velipringiyam Village
Ariyalur Taluk & District
2.Govindasamy
S/o.Duraisamy
Velipringiyam Village
Ariyalur Taluk & District.
3. Managing Director,
Arasu Cements Corporation
Chennai.
4. Deputy General Manager,
Arasu Cements Factory
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.33 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order as this Court may deem fit and proper in the circumstances of
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the case and thus render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.33/2001 dated 30.01.2017 on the Sub Court, Ariyalur pending disposal of
the above appeal thus render justice.
For Appellants : Mr.R.Kumaravel
Additional Government Pleader
For Respondents : Mr.R.Gokulakrishnan, Advocate
for R1 & R2
Mr.A.Sivaji
Standing Counsel for R3 & R4
A.S. No.321 of 2020 and CMP No.3975 of 2020
The Special Tahsildar, (L.A)
Unit II Arasu Cements Factory
Ariyalur. ...Appellant
Vs
1.Nagarajan
S/o.Karuppa Moopanar
Velipringiyam Village
Ariyalur Taluk & District.
2.Ganesan
S/o.Karuppa Moopanar
Velipringiyam Village
Ariyalur Taluk & District.
3.Kathirvel
S/o.Govindasamy
Velipringiyam Village
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
Ariyalur Taluk & District.
4. Managing Director,
Arasu Cements Corporation
Chennai.
5. Deputy General Manager,
Arasu Cements Factory
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No.31 of 2001
dated 30.01.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order as this Court may deem fit and proper in the circumstances of
the case and this render justice.
PRAYER in CMP : Petition filed under Order 41 Rules 5 of the Code of Civil
Procedure, to stay the execution of the decree and judgment passed in LAOP
No.31/2001 dated 30.01.2017 on the Sub Court, Ariyalur pending disposal of
the above appeal thus render justice.
For Appellants : Mr.G.Nanmaran
Special Government Pleader (AS)
For Respondents : Mr.R.Gokulakrishnan, Advocate
for R1 to R3
Mr.A.Sivaji
Standing Counsel for R4 & R5
COMMON JUDGMENT
Heard.
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
2.These appeals are preferred under Section 54 of the Land Acquisition
Act, 1894. They arise out of the awards passed by the Sub Court, Ariyalur, in
L.A.O.P. Nos.46/2001, 19/2001, 43/2001, 45/2001, 32/2001, 26/2001,
21/2001, 29/2001, 33/2001 and 31/2001, respectively dated 30th January
2017. The acquisition relates to certain lands in Ariyalur District for the
establishment of a Government Cement Factory under the Tamil Nadu
Cements Corporation Limited, hereinafter referred to as TANCEM. The
appellant before this Court in all the appeals is the Special Tahsildar, Land
Acquisition Unit–II, representing the acquiring authority.
3.The Government has issued a 4(1) notification dated 12.04.1996 and
the Land Acquisition Officer by award dated 26.03.1999 had relied on private
sale transactions in respect of nearby lands and fixed the market value at
Rs.250/- per cent. The landowners, not satisfied with this valuation, sought a
reference under Section 18 of the Land Acquisition Act. The Sub Court,
Ariyalur, by its award dated 30.01.2017, enhanced the compensation to
Rs.1,200/- per cent, together with the usual statutory benefits towards
solatium, additional amount and interest.
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
4.The memorandum of appeals challenge the enhancement as
excessive and unsustainable. It is contended that the Reference Court relied
on sale deeds which were not comparable to the acquired lands, that the Land
Acquisition Officer’s dry-land data sales should have been accepted, and that
the Court below failed to apply a block-wise valuation or to deduct a proper
percentage for development. The appellant also questions the award of
interest on solatium and the additional amount.
5.The issues for consideration are:
(1) Whether the enhancement to Rs.1,200/- per cent requires
interference in the light of subsequent pronouncements of this Court in
companion appeals from the same acquisition? and
(2) Whether any development deduction has to be imposed or whether
uniform parity should be maintained?
6.It is now well settled through a long series of appeals arising from
the very same acquisition scheme that this Court has consistently taken a
view in favour of the landowners. By the common judgment dated 29th
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
January 2024 in A.S. No. 916 of 2019 and connected matters, this Court
dismissed the appeals preferred by the State and by TANCEM, allowed the
cross-objections filed by the claimants, and enhanced the market value from
Rs.1,200/- per cent to Rs.1,500/- per cent, directing the payment of the
balance within eight weeks.
7.Subsequently, by order dated 23rd August 2024, S.M. Subramaniam,
J., recorded that TANCEM itself had passed a resolution—approved by the
Government—to pay compensation at the rate of Rs.1,500/- per cent, with
statutory interest, to all the landowners under this scheme, and directed the
Land Acquisition Officer to settle the enhanced compensation uniformly
within eight weeks. This shows that a conscious decision has been taken by
the acquiring authority to maintain parity and avoid any discrimination
among the affected landholders.
8.Again, on 23rd October 2024, in a batch of connected CMPs, Sathi
Kumar Sukumara Kurup, J., reiterated that the fixation of Rs.1,500/- per cent
in the earlier batch governs all connected cases, and observed that the
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
petitions seeking rehearing had become infructuous in view of the finality of
the common judgment, while granting four months’ time for TANCEM to
complete the payment.
9.In view of these determinations arising from the same acquisition and
involving the same acquiring body, there is no scope for a different view in
these appeals. To perpetuate a lower rate here would run counter to the
principle of equality and uniformity in compensation. The contentions
advanced on behalf of the appellant with regard to comparability, valuation,
or deduction are no longer open for reconsideration in the face of the later
common judgment and the uniform policy (resolution dated 13.03.2024 )
adopted by TANCEM and the relevant portion of the said resolution dated
13.03.2024 is extracted hereunder;
“The Board took note that TANCEM acquired 1137.97.5 hectares
of land in 3 phases. The Board also took note that in 1999, 320.76
acres were acquired for which compensation was fixed at Rs.250/-
per cent and In the year 2000, 390 LAOP's demanding higher
compensation and enhanced compensation @ Rs.1250/- per cent
was flxed vide order dated 29.11.2012 against which TANCEM
filed Writ Petition in Hon'ble High Court of Madras and the cases
were remanded to Sub-Court, Ariyalur on 20.08.2014. The Board
further took note that the compensation was reduced to Rs.1,200/-
per cent. Subsequently, Special Tahsildar, Ariyalur filed Appeal
Suits for 319 cases and judgement pronounced for 300 cases @
Rs.900/-per cent totaling to Rs.10.26 crore and the amount was
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
deposited in Sub-court Ariyalur. The Board noted 20 appeals
were filed and enhanced rate was fixed between Rs.1200/- to
Rs.1500 per cent. The Board also noted that RDO convened fees
committee meeting in view of PH on 15.2.24 for mining lease of
92.22.6 ha at Pudupalayam village and demanded Rs.1,500/- per
cent at an approximate requirement of additional amount was
Rs.19 crore (approx).
Resolved that the proposal of TANCEM to settle the LAOP Cases
by payment of compensation fixed by Hon'ble HIgh Court,
Madras in the judgment dated 29.01.2024 at the rate of Rs.1500/-
per cent besides interest entitled as per section 23(2) of LA Act,
1894 be and is hereby approved.
Further resolved to accord approval for payment of
compensation for all other cases pending before Hon'ble High
Court, Madras / Sub-Court, Ariyalur as and when judgment is
pronounced at the rate of Rs.1500/- per çent plus interest as
finalized in Lokayuktha / Mediation so as to avoid further
litigation.”
10.On the question of development deduction, it is seen that the
subsequent batch decisions have proceeded on a flat rate of Rs.1,500/- per
cent, without applying any deduction towards development charges, the
acquisition being for an industrial and mining purpose and not for layout
formation. Any deduction at this stage would break the uniformity already
settled by this Court.
11.Accordingly, these appeals fail on merits. Following the common
judgment and the uniform decisions affirmed by this Court, the market value
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
of the acquired land is fixed at Rs.1,500/- (Rupees One Thousand Five
Hundred only) per cent, with no deduction towards development charges. The
awards passed by the reference court are modified by enhancing from
Rs.1,200/- to Rs.1500/-.The claimants are entitled to the statutory benefits
under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, to be
calculated on the enhanced amount.
12.Any sum already deposited shall be given due credit. The balance
compensation, together with all statutory additions and interest, shall be
deposited by the acquiring authority within eight weeks from the date of
receipt of a copy of this Judgment, to the credit of L.A.O.P. Nos.46/2001,
19/2001, 43/2001, 45/2001, 32/2001, 26/2001, 21/2001, 29/2001, 33/2001
and 31/2001 respectively on the file of the Sub Court, Ariyalur. On such
deposit, the landowners are permitted to withdraw the same in accordance
with law. Thus the appeals are disposed of. There will be no order as to
costs. The connected miscellaneous petitions are closed. It is made clear that
though a Common Judgment is rendered in respect of these appeals, the
learned counsel for the parties are entitled to get separate fees in respect of
each appeal.
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29.10.2025
tsg/ay
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation: Yes / No
To
1. The Sub-Court, Ariyalur.
2.The Special Tahsildar, (LA)
Unit – II, Arasu Cement Factory.,
Ariyalur.
3.The Managing Director,
Arasu Cement Corporation,
No.735, IIIrd Floor,
LLA Building, Anna Salai,
Chennai.
4.The Deputy General Manager,
Arasu Cement Factory,
Ariyalur.
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A.S. Nos.322, 326, 334, 305, 309, 312, 314, 316, 319 & 321 of 2020
DR. A.D. MARIA CLETE, J
tsg/ay
A.S. Nos.322, 326, 334, 305, 309,
312, 314, 316, 319 & 321 of 2020
and
CMP Nos.3986, 3995, 4012, 3936,
3945, 3950, 3960, 3961, 3972
& 3975 of 2020
29.10.2025
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