KANCHANGANGA CO LTD Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
KANCHANGANGA CO. LTD.
STATE OF WEST BENGAL
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A.K.Sinha, J. -
(1.)This appeal is preferred by the claimant appellant against a judgment and decree rejecting the reference made against Collector's award under Section 18 of the Land Acquisition Act.
(2.)Before we enter into the points raised we would indicate brief outlines of the circumstances under which the order under controversy was made. The appellant who had certain vacant lands offered to the State Government for sale for settlement and rehabilitation of refugees. After several correspondence between the parties and the State the lands so offered were agreed to be acquired. There was further correspondence over the payment of compensation and as a result of several correspondence the appellant agreed to accept the maximum price of Rs. 9,000/- per acre for the acquisition of the land by the State.
(3.)After the appellant had agreed to the valuation offered by the Rehabilitation Commissioner, possession of the lands was amicably delivered from time to time on diverse dates between 4th February, 1955 and 13th May, 1955. Thereafter notification under Section 4 of the Land Acquisition Act was made and published and then followed the declaration under Section 6 of the Land Acquisition Act The Collector thereafter proceeded to make its award on the basis of the agreed rate between the appellant and the State and gave an award of total compensation of Rs. 400663.53 to the appellants.
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