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1993 Supreme(SC) 1133

K.RAMASWAMY, N.P.SINGH
State Of Bihar – Appellant
Versus
KUMAR SINGH – Respondent


ORDER

1. Though Respondents 2, 3 and 5 have been served, none is appearing. Dasti service was ordered by this Court. An affidavit has been filed showing Respondents 1 and 5 have refused to receive the notice. The service of notice is complete. We have heard Mr B.B. Singh, learned counsel for petitioners. Special leave granted.

2. The High Court in the impugned order has stated that Commissioner has no jurisdiction to interfere and reduce the compensation fixed by the Land Acquisition Collector. The statutory notification dated 13-3-1985 No. DLA Niti-63/85 712 was issued by the Governor exercising the power under first proviso to Section II of the Land Acquisition Act, 18 whereunder the power of the Government has been delegated to the office notified thereunder. Clause (i) says that the Collector/Deputy Commission of the District in such• class of cases where the total compensation does not exceed rupees five lakhs is the competent officer to approve the market value to be determined by the Land Acquisition Collector. In the case of compensation in excess of rupees five lakhs but does not exceed rupees fifteen lakhs, the Commissioner of the Division will be the competent authority.

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