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1995 Supreme(SC) 539

B.L.HANSARIA, K.RAMASWAMY
Wardington Lyngdoh – Appellant
Versus
Collector, Mawkyrwat – Respondent


Advocates:
A.M.MAJUMDAR, S.K.NANDY

JUDGMENT

Delay condoned.

2. Notification under S. 4(1) of the Land Acquisition Act 1894 (for short, the Act ) was published on December 6, 1988 for construction of explosive magazines at Nawkyrawat. The Collector made his award on May 17, 1989. On July 5, 1989 the appellants received the compensation under Ex. B, which is an agreement signed by them and the Collector. Thereafter, on August 8, 1989, the respondents objected to the amount of compensation determined by the Collector and they claimed enhancement by reference under S. 18. On August 22, 1989, the Collector asked them to appear before him. On August 29, 1989, on which date when appeared, they requested the Collector for reference under S. 18. Accordingly, it was referred to the Special Judicial Officer. Objection was taken to the validity of the reference and also their entitlement to higher compensation. The Special Judicial Officer by his award and decree dated October 29, 1991 enhanced the compensation at the rates of Rs. 60 to 40 per sq. meter. On appeal by the State, the High Court by its judgment and decree dated June 7, 1994 reversed the decree of the reference court and hold that since the petitioners had agreed in







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