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1996 Supreme(SC) 913

K.RAMASWAMY, G.B.PATTANAIK
Bai Shakriben – Appellant
Versus
Special Land Acquisition Officer – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. Notification under Section 4(1) of the Land Acquisition Act (1 of 1984) (for short, the Act ) was published on January 2, 1975. The Land Acquisition Officer in his award under Section 11 determined the compensation on May 19, 1980. On reference under Section 18 the Asstt. Judge enhanced the compensation by his award and decree made under Section 26 on August 20, 1983. Thereafter the State carried the matter in appeal but the claimants did not. The High Court by judgment dated August 22, 1984 dismissed the appeals. Subsequently, the appellants came to file applications under Order 47 Rule 1 and Section 151 CPC for amendment of the decree to award benefits of Sections 23(1-A), 23(2) and 28 of the Act as amended by Central Act 68 of 1984. Though the Court has amended the decree, the High Court in revision set aside the order by judgment and order dated October 11, 1995 made in F.A. Nos. 1303-1317 and batch. Thus these appeals by special leave.

3. Shri Dushyant Dave, learned senior counsel for the appellants, contended that in view of the ratio laid down in Raja Shatrunji v. Mohammad Azmat Azim Khan1, it must be held tha






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