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1965 Supreme(MP) 92

K.L.PANDEY, P.V.DIXIT
MUNICIPAL COUNCIL – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
A.P.SEN, A.R.Choubey, R.J.BHAVE

DIXIT, C. J.

( 1 ) BY this application under Article 226 of the Constitution the Municipal Council, piparia, seeks a writ of certiorari for quashing a notification issued on 16th May, 1951 under Section 6 of the Land Acquisition Act, 1894, (hereinafter referred to as the Act), for the acquisition of some land belonging to the respondent No. 3 for the benefit of the petitioner-Council and also for quashing an award dated 20th July 1963 of the Land Acquisition Officer, Hoshangabad, giving to the said respondent a total compensation of Rs. 40,250. The petitioner also prays that the order made by the Land Acquisition Officer on 20th July 1964 rejecting its application under section 18 of the Act for reference he also quashed and that the Land Acquisition officer be commanded to make a reference to the Court of the District Judge, Hoshangabad.

( 2 ) HAVING heard learned counsel for the parties we have reached the conclusion that this application must be dismissed. The petitioner-Council is anxious to get rid of the award mainly because, according to it, the amount of compensation awarded to the respondent No. 3 is excessive. Shri Sen, learned counsel for the petitioner, first urged that










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