Judgment

A. D. KOSHAL, J. :- This is an appeal by certificate granted under sub-clause (a) of Cl. (1) of Art. 133 of the Constitution of India by the High Court of Assam and Nagaland against its judgment dated l7th March, 1970 accepting a petition under Article 226 of the Constitution of India which arose in the circumstances that follow.

Land measuring 7.60 acres and situated at Lawsohtun, Bishnupur, Shillong, belonged to the 5 respondents when a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was published in respect thereof on 27th March, 1967. Three days later the possession of the land was taken over by the Collector, United Khasi and Jaintia Hills, Shillong. Proceedings for the award of compensation to the respondents were pending when negotiations took place between the Chief Secretary to the Government of Assam and two of the respondents who agreed to the reduction of the cost of acquisition of the land from Rs. 6,17,683.50 to Rs. 4,63,262.57 (inclusive of cost of establishment and contingency amounting to Rs. 22,060.12). Thereafter the Under Secretary to the Government of Assam in the Home and Political Department wrote to respon