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1965 Supreme(MP) 150

P.V.DIXIT, R.J.BHAVE
SAROJ KUMARI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
A.P.SEN, K.K.DUBEY

BHAVE, J.

( 1 ) THIS petition is directed against the award, dated 6th October 1964, made by the Land Acquisition Officer, Durg, in Revenue Case No. 17-A of 1965. It is urged that the said award was given without giving any opportunity to the petitioner to adduce evidence in support of her claim and is thus vitiated.

( 2 ) THE circumstances in which the award was pronounced may he briefly stated. Certain land in mouza Kasaridih in the town of Durg was to be acquired for the purposes of the Bhilai Sled Project. Notifications under Sections 4 and 6 of the land Acquisition Act were issued and pursuant thereto an award, dated 6th July 1961, was also given by the Land Acquisition Officer. After the award was given, the Land Acquisition Officer, however, came to the conclusion that the notification under Section 0 was defective and, therefore, requested the State Government to issue a fresh notification under Section 6. After the fresh notification was issued and was published, notices under Section 9 were issued to the land holders, but the award, dated 6th July 1961 was not withdrawn. Order-sheet, dated 12th July 1962, says:

''the declaration is published in the village on 24-6-62. Out









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