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april 1963

Supreme Court of India · 1963-04-25

STATE OF BIHAR AND ANOTHER vs KUNDAN SINGH AND ANOTHER

Citation / case number
SC 1962/176
Court
Supreme Court of India
Petitioner
STATE OF BIHAR AND ANOTHER
Respondent
KUNDAN SINGH AND ANOTHER
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the respondents' claim for additional compensation under Section 23 of the Land Acquisition Act, 1894, was valid, as they argued that the utility of their remaining property was diminished due to the acquisition. The Court clarified that objections under Section 49 must be raised before the award, and since the respondents did not express a desire for the entire property to be acquired, the High Court erred in allowing this plea. The appeal was dismissed, affirming the High Court's decision to grant additional compensation of Rs. 1,000/- but not allowing the broader claim for acquisition of the entire property.

STATE OF BIHAR AND ANOTHER vs KUNDAN SINGH AND ANOTHER · Niyam