Shri Irshad Ali & Ors. Vs. Hazi Abdul Sukhur Mozumdar & Ors.
EmailAppeal: Civil Appeal Nos.4460 and 4461 of 1997.
(Arising out of SLP (C) No. 23118-19 of 1996)
(From the Judgment and Order dated 8.10.93/12.7.96 of the Assam High Court in R.A.No.1/95 and F.A.No.8 of 1989)
(Arising out of SLP (C) No. 23118-19 of 1996)
(From the Judgment and Order dated 8.10.93/12.7.96 of the Assam High Court in R.A.No.1/95 and F.A.No.8 of 1989)
Petitioner: Shri Irshad Ali & Ors.
Respondent: Hazi Abdul Sukhur Mozumdar & Ors.
Apeal: Civil Appeal Nos.4460 and 4461 of 1997.
(Arising out of SLP (C) No. 23118-19 of 1996)
(From the Judgment and Order dated 8.10.93/12.7.96 of the Assam High Court in R.A.No.1/95 and F.A.No.8 of 1989)
(Arising out of SLP (C) No. 23118-19 of 1996)
(From the Judgment and Order dated 8.10.93/12.7.96 of the Assam High Court in R.A.No.1/95 and F.A.No.8 of 1989)
Judges: K.RAMASWAMY & D.P.WADHWA, JJ.
Date of Judgment: Jul 07, 1997
Appearances:
Mr. Shakeel Ahmed Syed, Advocate for the Appellants.
Mr. Vijay Hansaria, Ms. Smita Shankar, and Mr. S.K.Jain, Advocates for the Respondents.
Head Note:
LAND ACQUISITION
Compensation
Held admittedly respondent No 1 had one third share in acquired land for which enhanced compensation was payable, and appellant had not challenged the award of reference Court resulting in award becoming final to the extent of share of appellants, they are not entitled to higher Compensation – Appeal dismissed.
Compensation
Held admittedly respondent No 1 had one third share in acquired land for which enhanced compensation was payable, and appellant had not challenged the award of reference Court resulting in award becoming final to the extent of share of appellants, they are not entitled to higher Compensation – Appeal dismissed.
JUDGEMENT:
O R D E R
1. Leave granted. We have heard learned counsel for both the parties.
2. This appeal arises against the judgment and order dated July 12, 1996 in Review Application No.1 of 1995 and the main judgment dated October 8, 1993 in First Appeal No.8 of 1989.
3. The admitted position is that the appellant is entitled to 1/3rd share of the acquired land. The total extent of the land acquired is 10 Bighas, 15 Khatas, 2 chattaks and 5 gondas. The Land Acquisition Officer awarded compensation against which the parties sought reference for re-determination of compensation etc. under Section 18 of the Land acquisition Act. The Reference Court by its award dated September 7, 1988 enhanced the compensation, and awarded compensation. To the extent of the claim of the respondent No.1, namely, 3 bighas, 16 kathas, 1 chatak, namely 1/3rd of the entire land, he filed an appeal under Section 54 of the Land Acquisition Act. The High Court enhanced the compensation. Thereafter, the appellant filed his application under Order 47, Rule 1, CPC for review of the order. After re-considering the matter and the main order, the High Court dismissed the same. Thus, this appeal by special leave. In view of the fact that the total extent of the land is 10 Bighas, 15 kathas, 2 chattaks and 5 gondas, as referred earlier, in which admittedly respondent No.1 is having 1/3rd share, the first respondent had waived his claim for higher compensation for the above extent of the land. Since the appellants had not challenged the award of the reference Court and the award has become final to the extent of their share, they are entitled to any higher compensation for the extent of 1/3rd share.
4. The appeals are therefore, dismissed. No costs.
1. Leave granted. We have heard learned counsel for both the parties.
2. This appeal arises against the judgment and order dated July 12, 1996 in Review Application No.1 of 1995 and the main judgment dated October 8, 1993 in First Appeal No.8 of 1989.
3. The admitted position is that the appellant is entitled to 1/3rd share of the acquired land. The total extent of the land acquired is 10 Bighas, 15 Khatas, 2 chattaks and 5 gondas. The Land Acquisition Officer awarded compensation against which the parties sought reference for re-determination of compensation etc. under Section 18 of the Land acquisition Act. The Reference Court by its award dated September 7, 1988 enhanced the compensation, and awarded compensation. To the extent of the claim of the respondent No.1, namely, 3 bighas, 16 kathas, 1 chatak, namely 1/3rd of the entire land, he filed an appeal under Section 54 of the Land Acquisition Act. The High Court enhanced the compensation. Thereafter, the appellant filed his application under Order 47, Rule 1, CPC for review of the order. After re-considering the matter and the main order, the High Court dismissed the same. Thus, this appeal by special leave. In view of the fact that the total extent of the land is 10 Bighas, 15 kathas, 2 chattaks and 5 gondas, as referred earlier, in which admittedly respondent No.1 is having 1/3rd share, the first respondent had waived his claim for higher compensation for the above extent of the land. Since the appellants had not challenged the award of the reference Court and the award has become final to the extent of their share, they are entitled to any higher compensation for the extent of 1/3rd share.
4. The appeals are therefore, dismissed. No costs.
