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1985 Supreme(SC) 266

P. N. BHAGWATI, A. N. SEN, D. P. MADAN
Bhag Singh – Appellant
Versus
Union Territory Of Chandigarh Through The Land Acquisition Collector, Chandigarh – Respondent


Advocates:
A.K.GOHIL, ATUL JAIN, RAJ BIRBAL

Judgment

BHAGWATI, C.J.I. :- This appeal by special leave raises a short but interesting question of law relating to the interpretation of Section 30, sub-section (2) of the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as the Amending Act). There are divergent views expressed by different Benches of this Court in regard to the interpretation of this provision and hence it is necessary to examine this question afresh, in order to arrive. at a proper interpretation, particularly since the interpretation placed by us will affect the determination of compensation in a large number of cases.

2. The facts giving rise to this appeal are few, and may be briefly stated as follows. On 19th October, 1974 a notification was issued by the State of Punjab under Section 4, of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) stating that a large chunk of land admeasuring 10768 Bighas 18 Biswas was likely to be needed for the purpose of establishment of a cantonment within the revenue estate of Bhatinda. This notification was followed by another notification issued by the State of Punjab under section 6 of the Act declaring that the entire area admeasuring 10768



















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