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2003 Supreme(SC) 110

A.R.LAKSHMANAN, S.B.SINHA
Dayal Singh – Appellant
Versus
Union Of India – Respondent


JUDGMENT

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

2. Applicability of Section 28A of the Land Acquisition Act, 1894 in a proceeding under the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the 1952 Act ) is in question in these appeals, which arise out of judgments and orders passed by Punjab & Haryana High Court in L.P.A. No. 971 of 1999, C.W.P. No. 183 of 1994, L.P.A. No. 914 of 1999 and L.P.A. No. 42 of 2000.

3. The factual matrix of the matter may be adverted to from the Civil Appeal arising out of Special Leave Petition (Civil) No. 533 of 2001. The lands of the appellants were requisitioned under the Defence of India Act, 1971 for establishment of Military cantonment in the year 1972. They were later on acquired in terms of Section 23(1) of the Defence of India Act. An award of compensation was pronounced on 6th March, 1975 in the following terms :-

"1. Area assessed

on flat Rs. 16,000/- per acre

2. Nahri/Chani Rs. 14,000/- ,,

3. Chali Mustan Rs. 10,800/- ,,

4. Banani Rs. 9,000/- ,,

5. Coir Mumkin/

































































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