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Improvement Trust, Sangrur Vs. Gurjit Singh Sandhu & Ors [1996] INSC 63 (15 January 1996)

Ramaswamy, K.Ramaswamy, K.G.B. Pattanaik (J)

CITATION: JT 1996 (2) 111 1996 SCALE (1)815

ACT:

HEAD NOTE:

O R D E R

Leave granted.

Heard learned counsel for the parties.

Mr. K.R.R. Pillai, learned counsel, is appearing on behalf of respondent Nos.5, 6 and ]4 to 18. Notice had heen sent on 29.3.1994 to respondent Nos.1, 3, 4 and 7 lo 13, but till date they have not appeared either in person or through their counsel. Acknowledgements have not been received. Therefore, they must be deemed to have been served. 2nd respondent was served on 31.3.1994. He is not appearing either in person or through his counsel.

The controversy is whether the respondents are entitled to the additional amount under Section 23(1A) of the Land Acquisition Act, 1894 as amended by Act 68 of 1984. The Collector's award is dated September 10, 1979 while the notification under Section 4(1) was published on January 28, 1978. Under these circumstances, the respondents are not entitled to the additional amount under Section 23(1A) of the Act.

The appeal is accordingly allowed to the above extent.

No costs.

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