MA SIN Vs. COLLECTOR OF RANGOON

JUDGEMENT

(1.) This is an appeal from the High Court of Judicature at Rangoon, in a case in which they have altered the finding of the Judge of the High Court of the Original Side in a land acquisition case.

(2.) The Government on May 31, 1922, had published a declaration under Section 6 of the Land Acquisition Act, 1894, that the appellants land was required for a public purpose, and that declaration included, besides the land which they desired to take from the appellants, certain land belonging to other people, The Government seemingly changed their mind about requiring the land of the other people, and accordingly on October 6, 1923, they published another declaration under Section 6, specifying the same land belonging to them, but, at the same time, announcing that the former declaration was cancelled.

(3.) The matter went before the Collector and he gave a certain award, to which their Lordships need make no further allusion. An appeal was taken to a Judge of the High Court and that Judge made an award by which he awarded Rs. 6,500 per acre in respect of one plot and Rs. 3,800 per acre in respect of another l928 plot. Appeal and cross-appeal were taken to the appellate Court, and the appellate Court altered that judgment, replacing the figure of Rs. 6,500 per acre by a figure of Rs. 5,600 per acre, and Collector replacing the figure of Rs. 3,800 per acre by a figure of Rs. 2,750 Per core.