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1989 Supreme(Pat) 28

BINOD KUMAR ROY
Sheo Shankar Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Binod Kumar Roy, J.

1. The petitioner has come up against an order rejecting his application by which he had prayed for correction of accidental omissions/clerical errors in the judgment and decree (award) in a Land Acquisition Proceeding.

2. The facts are short and simple.

3. Sec. 23(2) of the unamended Land Acquisition Act, 1984 was to the following effect:

In addition to the market value of the land as above provided the Court shall in every case award a sum of fifteen per centum on such market value, in consideration of the compulsory nature of the acquisition.

By the Land Acquisition (Amendment) Act, 1984 in Sub-sec. (2) of Sec. 23 aforesaid for the words "fifteen per centum" the words "thirty per centum" were substituted.

4 Sec. 34 of the unamended Land Acquisition Act, 1984 was to the following effect:

When the amount of such compensation is not paid or deposited on or before taking possession of the land the Collector shall pay the amount awarded with interest thereon at the rate of six per centum per annum from the time of so taking possession until it shall have been so paid or deposited.

By the Land Acquisition (Amendment) Act, 1984 in the aforementioned Section



















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