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1980 Supreme(SC) 78

S.MURTAZA FAZAL ALI, A.D.KOSHAL
Nirode Baran Bannerjee – Appellant
Versus
Dy. Commissioner Of Hazaribagh – Respondent


Advocates:
B.P.SINGH, K.N.CHAUBEY, LAL NARAIN SINHA, S.N.JHA, Y.S.Chitale

JUDGMENT

FAZAL ALI, J :—This appeal by certificate is directed against a judgment for the Patna High Court dated 13-5-1968 dismissing the appeal filed by the appellant before the High Court.

2. The case arose out of land acquisition proceedings taken by the Government in respect of the land in dispute which comprised 84.31 acres. On 21-9-1960, the Collector by his award allowed a compensation of Rs. 9666.35 which along with solatium and other charges totalled to a sum of Rs. 20,281.67. The appellant claimed Rs. 2,80,000/- as the market value of the land acquired. On 11-10-1960, a reference was made to the District Judge under Section 18 of the Land Acquisition Act. Before the District Judge could take up the proceedings for hearing, the matter was agreed by the parties, to be referred to a Board of Arbitrators consisting of three persons of whom one was appointed by the appellant. Accordingly, joint petition for referring the case to the arbitrator was made on 19-12-1961 and on the next day, dated 20-12-1961 the case was referred for arbitration to the board. On 22-5-1962, the Board gave an award confirming the compensation given by the Collector. Having thus lost his case before th









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