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1965 Supreme(Pat) 74

G.N.PRASAD, H.MAHAPATRA
Kanika Haldar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This appeal arises out of a land acquisition Reference case under Sec.30 of the Land Acquisition Act. The occupancy tenant of the land which was acquired is the appellant. The ex-landlords, that is, the landlords before the vesting of the estate as well as the State of Bihar are the respondents. A notification under Sec. 4 and a declaration under Sec. 6 of the Land Acquisition Act, 1894, (to be referred to hereafter as the Act) were issued in respect of 3.396 acres with a jama of Rs. 36-4-0 in plot No. 3377 under tauzi No. 2698 in the district of Monghyr. The present tenant appellant filed her claim before the Collector and on the 25th March, 1955, an award was made under Sec.11 of the Act determining the amount of compensation. Since there was some dispute about the apportionment of compensation, a reference was made by the Collector under Sec.30 of the Act. We have looked to the original reference and found that the name of ex-landlords were not mentioned in that reference. But it appears from Ext. 1, a certified copy of the application which was filed by some of the ex-landlords before the Collector on the 31st of March, 1955, that they had asked notice to he given to







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