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1996 Supreme(SC) 2156

K.RAMASWAMY, G.T.NANAVATI
Manipur Tea Company Private LTD. – Appellant
Versus
Collector Of Hailakandi – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. These appeals by special leave arise from the Judgment of Division Bench of Assam High Court, made on August 17 1992 in First Appeal Nos. 67/87 and 11-14/88. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the "Act") were published on 5.9.1981, 21.9.1982, 23.9.1982 and 24.9.1982 acquiring 123 Bighas 11 Cottahs and 13 Chitaks of the appellants tea Estate for laying Railway tracks. The Collector by his award dated March 19, 1985 and also by another award dated March 25, 1985 awarded in respect of the lands acquired a sum of Rs. 17,59,975/- against the total claim of Rs. 1,77,92,238/- on the computation made in that behalf. On reference under Section 18 of the Act, the Court enhanced the compensation to Rs. 43,89,038/- with solatium and interest thereon in the sum of Rs. 67,60,730/- has been awarded as additional compensation. On appeal, the High Court reduced the compensation from Rs. 43,89,038 of Rs. 40,89,038/-. Feeling aggrieved by the impugned judgment, these appeals have been filed by the appellant.

3. Dr. A.M. Singhvi, learned senior counsel appearing for the appell















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