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2011 Supreme(Gau) 508

I.A.ANSARI, C.R.SARMA
Fortuna Agro Plantation Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: K.N. Podder, Sr. Adv., D.K. Biswas and Somik Deb, Advs.
For Respondents/Defendant: A. Lodh, Assistant SG, J.M.A. Choudhury, CGC and N.C. Paul, Government Adv.

JUDGMENT

I.A. Ansari, J.

1. This review petition raises some important questions of law, namely, whether the market value of a land, which is acquisitioned under the Land Acquisition Act, 1894, shall include, within the meaning of Section 23(1) thereof, the market value of the trees and crops standing thereon and if so, with reference to what date, the market value shall be determined and, further, whether the market value of the trees and crops, if any, shall be determined separately from, and independent of, the land, which is acquisitioned? Yet another important question, raised in this review petition, is: when a 'person interested', as defined by Section 3(b) of the Land Acquisition Act, 1894, is aggrieved by an award on the ground that while granting compensation, various statutory components for determination of compensation have not been taken into account by the District Collector, whether he can seek a 'reference' to be made within the meaning of Section 18 of the Land Acquisition Act, 1894?

2. This review petition, it may be noted, seeks review of the judgment and order, dated 05.08.2009, passed in Writ Appeal No. 31/2009, whereby the appeal has been dismissed affirming and
















































































































































































































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