G.B.PATTANAIK, K.RAMASWAMY
State Of Bihar – Appellant
Versus
Nilmani Sahu – Respondent
ORDER
Delay condoned.
Leave granted.
We have heard learned counsel on both sides.
2. These appeals by special leave arise from the order of the Division Bench of the High Court of Patna in LPA No. 133 of 1995 dated November 28, 1994.
3. The admitted facts are that notification under Section 4(1) of the Land Acquisition Act, 1894 was published on December 10, 1964. A large extent of land admeasuring 43.14 acres was acquired together with the trees standing thereon. The Land Acquisition Officer in his award dated April 3, 1979 determined the value of the trees at Rs. 2466/-. On reference under Section 18, the civil Court upheld the valuation given to the trees by award and decree dated March 27, 1980. In furtherance thereof, the appellants have paid the compensation together with solatium and interest thereon on September 6, 1991, i.e., a sum of Rs. 15,000/- and odd and it was accepted by the respondents. When an appeal was filed against the reference Court s award and decree, the High Court, in the first instance, had adjudged the valuation of the trees and recorded the finding, considered the question in paragraph 23 and had held that the contention that the compensation for the value o
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