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1999 Supreme(P&H) 351

V.K.JHANJI
Union Of India (Uoi) – Appellant
Versus
Special Land Acquisition Collector – Respondent


Judgment

V.K.Jhanji, J.

1. This shall dispose of Civil Writ Petitions No. 148, 149, 150, 151, 152, 155, 157, 158, 159, 161, 162, 163, 164, 165, 166, 167, 169, 171, 172, 174, 175, 178, 179, 181, 183, 188, 194, 190, 192, 196, 197, 199, 198 and 200 of 1994. For facility of reference, facts are taken from Civil Writ Petition No. 172 of 1994.

2. Challenge in this writ petition by the Union of India is to the award passed by the Special Land Acquisition Collector under Section 28-A of the Land Acquisition Act, 1894, (hereinafter referred to as 1894 Act) redetermining the compensation of the land..

3. For the purpose of establishment of military cantonment, the lands belonging to the respondents at Bhatinda along with the lands of other land-owners were requisitioned under the provisions of Defence of India Act, 1971. Subsequently, in the year 1975, the said lands were acquired under the provisions of Defence of India Act, 1971. The Defence of India Act was replaced and the residual matters following upon the requisition or acquisition of lands thereunder were brought under the provisions of Requisitioning and Acquisitioning of Immovable Property Act, 1952 (in short the 1952 Act). The comp








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