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1952 Supreme(Cal) 231

Chakrabarti, SINHA
Subodh Bala Biswas – Appellant
Versus
State of W. B. – Respondent


Advocates:
Apurbadhan Mukherjee and Tarak Nath Roy, for Petitioner; Jajneswar Majumdar, Asst. Govt. Pleader, for Opposite Party.

Judgement

CHAKRAVARTTI, C.J.:- The only point of substance in this Rule is the point taken about the order for costs. The petitioner before us is a claimant in a Land Acquisition case. An area of land, belonging to her and measuring 7.92 acres, was requisitioned in 1943 and derequisitioned in 1947. The Collector offered her a compensation of Rs.410/- on a certain basis, but not being satisfied with the adequacy of the amount, the petitioner asked for and obtained a reference under S.19(1) (b) of the Defence of India Act. The arbitrator was the Distirct Judge. The District Judge dealt with the various grounds urged before him, both as respects the adequacy of the compensation awarded for the actual area requisitioned and also as respects a further claim made on the ground of loss sustained because of the abandonment of some neighbouring areas by the cultivators because of the requisition of the aforesaid area of 7.92 acres. The grounds sought to be urged before us as regards the correctness of the arbitrators award are all grounds of fact, the decision of which depends upon evidence.

We are clearly of opinion that on an application under Art.227 of the Constitution it is not open to u















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