P R MODI Vs. COLLECTOR DURG

JUDGEMENT

(1.) THESE appeals and forty-eight more are directed against the order of the First Additional District Judge. Durg. made in connected references under Section 18 of the Land Acquisition Act. We propose to deal all the appeals together and the judgment delivered in these appeals shall be read as judgment in all the appeals.

(2.) THE lands are situated in mouza Kasaridih, in tahsil and district Durg. The preliminary notification under Section 4 of the Land Acquisition Act was published on 27-10-1960 for acquisition of 24. 37 acres. The notification under Section 6 of the Act was issued on 29-1-1964. It was detected that Khasra Nos. 839 and 959/14 measuring. 30 acres were inadvertently omitted from the notification and a fresh notification for acquisition of those Khasra numbers had, therefore, to be issued under Section 4 on 12-9-1963. Notification under Section 6 in respect thereof, is dated 8-10-1963.

(3.) ON further verification, it was brought to light that Khasra No. 827/2 area. 07 acres was notified in excess and should be left out. It was also found that an area of 4. 24 1/2 acres out of the notified area was covered by houses and the proposal was not to acquire the land which was built upon. This area was, therefore, to be deleted. The total area for acquisition thus worked out to 20. 33 1/2 acres. Out of this area 3. 43 acres was such land as was permitted to be diverted to non-agricultural purposes, though in fact, the land continued to be under plough or was Padti (waste land ).