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1995 Supreme(SC) 1254

K.RAMASWAMY, K.S.PARIPOORNAN
New Reviera Coor Housing Society: Harjang Singh Grewal [retd. ] – Appellant
Versus
Special Land Acquisition Officer: Union Of India – Respondent


ORDER

Leave granted.

It is contended by the learned counsel for the appellants that the delay in making the award renders the proceedings under Section 4(1) and Section 6 declaration lapsed by operation of Section 11-A of the Land Acquisition Act. Unfortunately, this point was not argued before the High Court. Learned counsel contends that this question was raised in the High Court but was not dealt with. It is settled law that this Court would consider only matters dealt with or stated in the order of the High Court. Several grounds might have been raised, but it often times happens that only a few would be argued when the case was heard. We cannot look into the averments made in affidavits filed by the parties in this Court. Under these circumstances, it can be assumed that though the contention was raised, the counsel had not argued the matter. Therefore, we cannot permit the counsel, to raise mixed questions or facts of law or disputed questions for the first time in the appeal.

2. It is next contended that the Land Acquisition Officer awarded at Rs. 50/- per sq. ft. A total extent of 51,000 sq. ft. land is involved in these proceedings and in the city of Bombay it would be diffic










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