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2008 Supreme(SC) 1323

TARUN CHATTERJEE, AFTAB ALAM
Kamal Krishan Rastogi – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

1. These two analogous appeals arise from a land ceiling proceeding that was reopened under Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as `the Act').

2. In the first round a proceeding was held against the land-holder Sarju Madhav Rastogi in Case No. 868 of 1973-74. In that proceeding he was shown entitled to only two ceiling units but having 205.83 acres of different classes of land in his possession. The land holder raised many objections against the draft statement. He disputed the classification of lands and claimed three more units for his three sons who, according to him, were already major on the appointed date, 9 September, 1970 and further claimed an additional unit for his two minor grand-sons. He stated that by gift deeds dated 28 September, 1962 he had given 21.98 acres and 21.43 acres respectively to his two married daughters: 2.56 acres were taken in acquisition by the State Government for construction of an irrigation canal and 9.69 acres was voluntarily surrendered by him. He contended that all these lands (adding to a total of 55.56 acres) were wrongly shown in the dra










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