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1996 Supreme(SC) 1212

G.B.PATTANAIK, K.RAMASWAMY
State Of Bihar – Appellant
Versus
Ratan Lal Sahu – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. Notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short, the Act ) was published on June 14, 1972 acquiring 20:40 acres of land for construction of Getalsud Dam in Ranchi District of Bihar State. The Land Acquisition Officer in his award under Section 11 dated November 16, 1977 granted total compensation of Rs. 1,59,505.33. On reference, the Subordinate Judge, Ranchi awarded compensation @ Rs. 10.000/- per acre; for the tank and well, he granted a sum of Rs. 1,69,890/-. He also awarded additional amount under Section 23(1-A) of the Act. Dissatisfied therewith, the appellant carried the matter in appeals. The High Court in the impugned judgment and decree in Original Decree Nos. 108 and 109 of 1987 dated January 10, 1994 confirmed the award and decree of the reference Court. Thus, these appeals by special leave.

3. We have gone through the judgment of the High Court and the reference Court. The learned Judge has not referred to the correct principles of law in determining the compensation. It is an admitted position that the reference Court has relied upon an earlier award in respect





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