COLLECTOR DURG Vs. SAROJ KUMARI

JUDGEMENT

(1.) THESE appeals are directed against the order of the Second Additional District Judge. Durg. dated the 19th October, 1973, passed in Miscellaneous Judicial Case No. 72 of 1971. The question that arises for consideration is whether the Additional District Judge has determined just compensation payable to Saroj Kumari for acquisition of her lands; Kh. Nos. 941/1 and 941/12, total area 1. 65 acres, of mouza Kasaridih in Tahsil and District Dura.

(2.) BY notification dated the 2nd December, 1959 (Published in the Madhya Pradesh Rajpatra of the 4th December, 1959), the State Government proposed to acquire 127. 50 acres of land of muza Kasaridih. The notification was issued under Section 4 (1) of the Land Acquisition Act. Saroj Kumari's land was involved in this acquisition.

(3.) THE Land Acquisition Officer made an award on 6-7-1961 before the notification under Section 6 of the Act could be published. But then he realized his mistake. But before he could rectify it by initiating fresh proceedings after the publication of the notification under Section 6 on 6th May, 1962, Saroj Kumari got the award dated the 6th July, 1961, struck down by the High Court, by filing a writ petition. The Land Acquisition Officer was directed by this Court to proceed afresh in accordance with the provisions of law.