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S.K. Sen vs Provincial P.W.D., State Of Bihar And ... on 4 September, 1959

9. Briefly stated, the facts that gave rise to the said judgment are: The land of the claimant therein was acquired by the State, by invoking the provisions of the Land Acquisition Act. The compensation was determined in the award, at Rs. 14/- per katha. In a reference made under Section 18 of the Act, the trial Court enhanced the same to Rs. 200/- per katha, through judgment dated 18-08-1961. The State filed a review, stating that certain important piece of evidence was not taken into account. The review was ordered on 26-09-1961, and the compensation was reduced from Rs. 200/- to Rs. 75/- per katha. While the State preferred an appeal to the High Court against the order dated 26-09-1961, seeking further reduction, the claimant filed a cross appeal, challenging the same order. The High Court found that there was no basis for reviewing the decree dated 18-08-1961. Therefore, it had set aside the order dated 26-09-1961. However, it proceeded to reduce the compensation from Rs. 200/- to Rs. 75 per katha, on being satisfied about the merits of the matter. The claimant carried the matter to the Supreme Court. The appeal was allowed, with the following observation:
Patna High Court Cites 5 - Cited by 7 - V Ramaswami - Full Document
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