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1961 Supreme(J&K) 37

JANKI NATH WAZIR, K.V.GOPALAKRISHNAN NAIR
Swami Sukhanand – Appellant
Versus
Samaj Sudhar Samiti – Respondent


Advocates Appeared:
Advocate For Appellant: Sundar Lal
Advocate For Respondent: S. Koul
Advocate For Respondent: A.N. Raina

GOPALAKRISHNAN NAIR, J.:

This revision arises out of certain land acquisition proceedings, which were taken for compulsory acquisition of an extent of six odd kanals of land in village Solina in Tahsil Srinagar for the purpose of widening the road leading to the Srinagar aerodrome. An award was made by the Collector under S. 11 of the Land Acquisition Act on 11-6-1952 and the amount of compensation was tendered in accordance with the award to Samaj Sudhar Samiti, a registered society, which accepted it. More than six months after the date of the Collectors award, the present petitioner applied to the Collector for making a reference to the Court on the ground that he was the person entitled to receive the compensation and not Samaj Sudhar Samiti. The Collector accordingly made a reference to the District Judge at Srinagar. The reference purported to be made under S. 32 or the State Land Acquisition Act, which corresponds to S. 31 of the Central Act. But the District Judge treated it as a reference under S. 31 of the State Act which corresponds to S. 30 of the Central Act. He held that the reference was incompetent and rejected it. The petitioner has now moved this Court in revision.
































































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