INDIA FIRE BRICKS AND INSULATION CO LTD Vs. RASIK LALL VORA

JUDGEMENT

(1.) All these six writ applications have been heard together and are being disposed of by a common judgment, as the facts are similar and the points involved are identical.

(2.) The case of the petitioner-company is that it has got its factory for manufacture of various type of refractories at village Marar in the District of Hazaribagh. It filed an application for acquisition of land under Part 7 of the Land Acquisition Act 1894 (hereinafter called the Act). After following the prescribed procedure, a notification under Section 4 of the Act was issued on 21-6-1961 for acquisition of 39.77 acres of land. The petitioner-company entered into an agreement with the State Government under Section 41 of the Act on 11-9-1961. The petitioner-company was liable for payment to the State Government for the entire cost of acquisition including any enhancement of compensation that may be made by the Civil Court in a legal and proper reference under Section 18 of the Act. The case of the petitioner-company further is that notices under Section 9 of the Act were issued and 13-10-1961 was fixed as the date for filing of the claims. On that date seven claims and objections were filed by seven sets of persons. Their names are:--

(3.) It is further stated in the writ application that a petition was filed on behalf of the petitioner-company for withdrawal of the land acquisition proceeding but most of the persons interested objected to this. Eventually an award was made on 27-11-1963 for a sum of Rs. 1,16,227,57. The petitioner-company was directed to deposit Rs. 1,41,172.33 being the amount of the award, interest, establishment and contingent expenditure.