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1987 Supreme(SC) 445

Union Of India – Appellant
Versus
Nihar Kanta Sen – Respondent


Advocates:
A.K.SEN GUPTA, N.R.CHAUDHARY, P.B.CHATTERJI, P.K.BANERJI, P.K.CHATTERJI, RATHIN DAS, S.C.MAJUMDER, Sukumar Basu

Judgement

SINGH, J. :- These two appeals are directed against the judgment of the High Court of Calcutta dated 10-10-1969 awarding a sum of Rs. 18,74,089.75 as compensation to the claimants.

2. During the second World War the property in dispute which consisted of an area of 199.04 acres of land situate in villa.," Brindabanpur, District Burdwan in West Bengal was requisitioned by the Collector for the purpose of construction of a military aerodrome. As there was extreme urgency, the authorities took possession of the property on 1-10-1942 and to regularise the possession the Collector of District Burdwan, West Bengal issued order on 8-6-1943 under sub-rules (1) (2) and (5) of Rule 75A of the Defence of India Rules, 1939 framed under the Defence of India Act, 1939 requisitioning the property. Nirode Kanta Sen the owner of the property, predecessor-in-interest of the claimants submitted a claim petition to the Collector Burdwan, claiming a sum of Rs. 1,93,432/- as compensation for the property requisitioned from him. Later he made another petition claiming further compensation, and the total claim raised by him amounted to Rs. 2,40,720/- The Special Land Acquisition Collector, Burdwan















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