STATE OF BIHAR AND ANOTHER versus KUNDAN SINGH AND ANOTHER

STATE OF BIHAR AND ANOTHER versus KUNDAN SINGH AND ANOTHER

The High Court was not correct in entertaining the respondents' plea under section 49 in an appeal arising from reference proceedings under section 18, as no application expressing a desire for whole acquisition was made before the award. The correct procedure and remedies under sections 18 and 49 are distinct and must be followed separately.

Parties
Appellant: State of Bihar and Another; Respondent: Kundan Singh and Another
Jurisdiction
India
Judgment Date
25 April 1963
Procedural Posture
Civil Appeal / Appeal From Original Decree No. 7 of 1955, Patna High Court, Judgment and Decree Dated August 31, 1960
Outcome
Appeal allowed; High Court order set aside and District Judge's order restored.
Legal Topics
Scope of Reference Under Land Acquisition Act, Compensation for Partial Acquisition, Application Under Section 49, Additional Compensation Under Section 23
Land Acquisition Scope of Reference Under Land Acquisition Act Compensation for Partial Acquisition Application Under Section 49 Additional Compensation Under Section 23

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Parties

State of Bihar and Another

Appellant

Kundan Singh and Another

Respondent

Procedural Posture

Civil Appeal / Appeal From Original Decree No. 7 of 1955, Patna High Court, Judgment and Decree Dated August 31, 1960

Legal Issues

  1. 1 Whether the High Court could allow respondents to raise a claim for acquisition of the remaining property under section 49 in a reference under section 18
  2. 2 Whether respondents had made an application under section 49 before the award
  3. 3 Scope of enquiry under section 18 of the Land Acquisition Act

Ratio Decidendi

The High Court was not correct in entertaining the respondents' plea under section 49 in an appeal arising from reference proceedings under section 18, as no application expressing a desire for whole acquisition was made before the award. The correct procedure and remedies under sections 18 and 49 are distinct and must be followed separately.

Court Disposition

Appeal allowed; High Court order set aside and District Judge's order restored.

Orders

  • Order of Patna High Court dated August 31, 1960 set aside.
  • District Judge's order awarding Rs. 4,451/5/6 plus Rs. 1,000/- additional compensation restored.