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1970 Supreme(Cal) 144

AMARESH ROY, BAGCHI
Sailaja Kanta Mitra – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
N.C. Chakraborty with Tarak Nath Roy, for Appellants in Appeals; Tarak Nath Roy, for Petitioners in Revn. Cases; Hemendra Chandra Sen with Nani Gopal Das, for Respondent in Appeals and Opposite Parties in Revn. Cases Nos.2535, 3007, 3010 to 3013 and 3429 to 3431 of 1955; P.K. Sen Gupta, with Nani Gopal Das, for Opposite Parties in the remaining Revn. Cases.

Judgement

BAGCHI, J. :- The two appeals and seventeen revisional applications arise out of the awards passed by Arbitrator, Shri P.N. Lahiry, appointed under clause (b) of sub-section (1) of Section 19 of the Defence of India Act (XXXV of 1939) read with sub-section (4) of Section 1 of the said Act and with the relevant Government of India, Defence Department Notification No.1365 O.R. 42 dated the 19th September, 1942.

2. A group of 52 cases were referred to at the instance of the appellant Sailaja Kanta Mitra and others by Special Land Acquisition Collector, Burdwan regarding the question of valuation as a basis for fair compensation to be determined by an Arbitrator, appointed under the Defence of India Act, 1939 in regard to lands acquired, situated in Mouza Kota Chandipur and others, P.S. Ausgram, District Burdwan. All those cases related to the same category of lands, viz., paddy lands, that were requisitioned for a Military purpose viz., the installation of a Reserve Base at Panagar in September, 1943. Initially vast areas comprising not only Kota Chandipur but also several contiguous Mouzas were requisitioned. Portions were de-requisitioned subsequently. By a Notification, pub










































































































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