Judgement

GAJENDRAGADKAR, C. J. : The appellant Kajari Lal Agarwal was the owner-in-khas of 37.85 acres of land in Mauza Shibnath Das, J. L. No. 110 and Mauza Kholai Singh, J. L. No. 112 in Silliguri Town in the district of Darjeeling. The said lands were acquired by the Union of India, and the State of West Bengal, respondents 1 and 2, respectively, under the relevant provisions of the West Bengal Land (Requisition and Acquisition) Act, 1948 (No. 2 of 1948) (hereinafter called the Act ) for the Assam Rail Link Project. Respondent No. 3 is the Land Acquisition Officer, Darjeeling. In those proceedings, the appellant claimed compensation at a flat rate of Rs. 100 per cottah amounting to Rs. 2,27,100. He also pout in a claim for Rs. 8,000 on account of the severance and other grounds. Respondent No. 3 made an award under S. 7 of the Act on the 5th February 1951 directing the payment of Rs. 22,074 to the appellant in lieu of his lands at the rate of Rs. 600 per acre. After the award was pronounced, a notice was served on the appellant under S. 12 (2) of the Land Acquisition Act, 1894 (No. 1 of 1894) (hereinafter called the Central Act ) on the 21st March 1951, the appellant accepted