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2010 Supreme(Jhk) 1060

D.G.R.PATNAIK
Kamlakasi Jha – Appellant
Versus
State Of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Devi Prasad, Sr. Adv. and Sudarshan Srivastava, Ayush Aditya.
For the Respondent: L.K. Lall SC (L&C), Dilip Kumar Prasad And Ram Prakash Singh.

JUDGMENT

D.G.R. Patnaik, J.

1. Since the issues involved in these writ applications are identical, they are taken up together for disposal by this common order.

2. These writ applications arise out of the common order dated 30.10.1996 passed by the Appellate Authority in the individual SAR Appeals, allowing the appeals filed by the private respondents, directing restoration of the lands, u/s 71A of the CNT Act, in respect of the three appellants namely, the appellants/petitioners of WPC Nos. 910/04, 906/04 and 930/04. In the remaining two appeals while allowing the appeals of the private respondents, the Appellate Authority lad directed for assessment of compensation to be paid as per proviso to Section 71A of the Act.

It may be mentioned that by the interim order dated 26.02.2004 passed in these writ applications, the operation of the impugned orders have been stayed.

3. Heard Learned counsel for the parties including the counsel for the private respondents.

4. From the rival submissions of the learned Counsel for the parties, the admitted facts which emerge are, as follows:

The lands in dispute in the present writ applications, are the lands pertaining to plot Nos. 648 and 655 under Kha

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