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1980 Supreme(SC) 348

A. D. KOSHAL, S. MURTAZA FAZAL ALI, Y. V. CHANDRACHUD
P. C. Goswami – Appellant
Versus
Collector Of Darrang – Respondent


JUDGMENT

CHANDRACHUD, CJI.:— Civil Appeals Nos. 81 & 82 of 1972 : An agricultural land measuring 3,095 bighas approximately, was requisitioned by the Sub-divisional Officer, Mangaldai on various dates in April 1950. On Feb. 21, 1958 the Collector gave back symbolic possession of an area admeasuring 2,740 bighas approximate to the appellant after derequisitioning it.

2. The appellant thereafter filed a claim petition under S. 7 (3) (b) of the Assam Land (Requisition and Acquisition) Act, 1948, claiming compensation under various heads, out of which claim in respect of two items has been pressed on behalf of the appellant in these appeals. The first claim was in the sum of Rs. 1,80,000/- for the damage caused to a portion admeasuring 90 bighas and the second claim was in respect of an area admeasuring 44 bighas, 3 canals and 14 laches, which, according to the appellant lost to him since that portion was covered by roads and canals. The petitions were dismissed by the Collector, but the High Court directed him to refer the matter to the District Court for its adjudication.

3. The learned District Judge awarded a sum of Rs. seven thousand odd as compensation for the land which was under








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