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1974 Supreme(MP) 81

A.P.SEN, M.L.MALIK
P. R. Modi – Appellant
Versus
Collector, Durg – Respondent


Advocates:
K.P. Munshi and Y.K. Munshi, for Appellant; M.V. Tamaskar, Govt. Advocate, for Respondent.

Judgement

MALIK, J. : - These appeals and forty-eight more are directed against the order ofthe First Additional District Judge, Durg, made in connected references under Section 18 of the Land Acquisition Act. We propose to deal all the appeals together and the judgment delivered in these appeals shall be read as judgment in all the appeals.

2. The lands are situated in mouza Kasaridih, in tahsil and district Durg. The preliminary notification under Section 4 of the Land Acquisition Act was published on 27-10-1960 for acquisition of 24.37 acres. The notification under Section 6 of the Act was issued on 29-1-1964. It was detected that Khasra Nos. 839 and 959/14 measuring. 30 acres were inadvertently omitted from the notification and a fresh notification for acquisition of those Khasra numbers had, therefore, to be issued under Sec. 4 on 12-9-1963. Notification under Section 6 in respect thereof, is dated 8-10-1963.

3. On further verification, it was brought to light that Khasra No. 827/2 area 07 acres was notified in excess and should be left out. It was also found that an area of 4.24½ acres out of the notified area was covered by houses and the proposal was not to acquire the land w
























































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