D.P.WADHWA, K.RAMASWAMY
Irshad Ali – Appellant
Versus
Hazi Abdul Sukhur Mozumdar – Respondent
ORDER
Leave granted. We have heard learned counsel for both the parties.
2. This appeal arises against the judgment and order dated July 12, 1996 in Review Application No. 1 of 1995 and the main judgment dated October 8, 1993 in First Appeal No. 8 of 1989.
3. The admitted position is that the appellant is entitled to 1/3rd share of the acquired land. The total extend of the land acquired is 10 Bighas, 15 Khatas, 2 chattaks and 5 gondas. The Land Acquisition Officer awarded compensation against which the parties sought reference for re-determination of compensation etc. under Section 18 of the Land acquisition Act. The Reference Court by its award dated September 7, 1988 enhanced the compensation. The awarded compensation. To the extent of the claim of the respondent No.1, namely, 3 bighas, 16 kathas, 1 chatak, namely 1/3rd of the entire land, he filed an appeal under Section 54 of the Land Acquisition Act. The High Court enhanced the compensation. Thereafter, the appellant filed his application under Order 47, Rule 1, CPC for review of the order. After reconsidering the matter and the main order, the High Court dismissed the same. Thus, this appeal by special leave. In view of the fa
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