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1997 Supreme(SC) 1466

S.B.MAJMUDAR, S.P.KURDUKAR
State Of Bihar – Appellant
Versus
D. N. Singh – Respondent


JUDGMENT

S.B. Majmudar, J.-Leave granted.

2. We have heard learned counsel for the parties finally in this appeal.

3. The short question is whether the Commissioner exercising powers under the proviso to Section 11 of the Land Acquisition Act, 1894 ( the Act for short), while granting approval to the proposal of the Land Acquisition Collector regarding the award of compensation to the claimants could reduce the suggested amount for different categories of lands sought to be acquired.

4. The High Court relying upon its earlier decision has taken a view that the Commissioner has no such power. It is true that the proviso to Section 11 lays down that no award shall be made by the Collector under sub-section (1) of Section 11 of the Act without the previous approval of the appropriate Government or of such officer as the appropriate Government may authorise in this behalf and acting on the said proviso the State of Bihar by notification dated March 13, 1995 had authorised the Commissioner of the Division in such class of cases where the total compensation exceeds Rupees Five Lacs but does not exceed Rupees Fifteen Lacs, to be the authority under the proviso to Section 11(1) of the Act. Th



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