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1969 Supreme(Ori) 17

G.K.MISRA
Ramahari Moharana – Appellant
Versus
Land Acquisition Officer – Respondent


Advocates:
B.K. Ray, B.H. Mohanty and G.N. Sengupta, for Petitioners; Addl. Standing Counsel, for Opposite Parties.

ORDER :- The petitioners claim to have purchased the lands under acquisition on 28-4-55. Notice under Section 9 of the Land Acquisition Act (hereinafter to be referred to as the Act) was served in January 1963. On 30-4-63 the petitioners filed an application before the Land Acquisition Officer stating that then lands were being acquired and that the compensation was payable to them. No action was taken on this application. On 11-6-66 the award was passed in favour of the Collector as the lands were recorded as Anabadi. No notice was served on the petitioners under Section 12 (2) of the Act giving them intimation of the award. On 16-10-66 the petitioners filed a second application by way of reminder to the earlier application, dated 30-4-63. Apparently the petitioners had no knowledge of the award by then. On 16-1-67 the Land Acquisition Officer passed an order rejecting the petitioner's application dated 30-4-63 on the ground that no objection was preferred within time in pursuance of the notice under Section 9 of the Act.

It is to be noted that the notice under Section 9 was served in the village on 17-1-63 and objections were to be filed by 31-3-63. On 25-1-67 the petitioners file













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