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1975 Supreme(SC) 121

A.N.RAY, K.K.MATHEW, V.R.KRISHNA IYER
Sushil Kumar Sen – Appellant
Versus
State Of Bihar – Respondent


Advocates:
D.GOVERDHAN CHARY, P.K.CHATTERJI, RATHIN DAS

Judgment

MATHEW, J.: (For himself and A.N. Ray, C.J.)- The appellant was the owner of 3.30 acres-roughly equal to 7 bighas, 17 kathas and 14 dhurs of land. The land was acquired under the provisions of the Land Acquisition Act. The Land Acquisition Officer by his award dated 12-10-1957 gave compensation at the rate of Rs. 14/-per katha for the land. The total compensation including the value of trees and other improvement came to Rs. 6,775.22 p. The appellant was dissatisfied with the award. He filed an application before the Land Acquisition Collector for referring the matter to the District Court under Section 18 of the Land Acquisition Act claiming compensation for the lands at the rate of Rs. 500/- per katha. The case was referred and the Additional District Judge. Purnea by his judgment dated 18-8-1961 found that the appellant was entitled to compensation for the land acquired at the rate of Rs. 200/- Per katha and also made certain other modifications in the amount of compensation under the other heads. On 22-8-1961 the respondent, the State of Bihar, filed an application for review, under Order 47, Rule 1 of the Civil Procedure Code, of the judgment dated 18-8-1961 on the bas







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