The appellant thereafter filed a claim petition under Section 7 3 b of the Assam Land Requisition and Acquisition Act, 1948, claiming companypensation under various heads, out of which claim in respect of two items has been pressed on behalf of the appellant in these appeals.
seven thousand odd as companypensation for the land which was under roads and Canals.
The petitions were dismissed by the Collector, but the High Court directed him to refer the matter to the District Court for its adjudication.
In an appeal filed by the appellant in the High Court two main companytentions were raised.
The High Court took the view that the appellant would be entitled to receive, by way of companypensation, a sum which he would be required to expend for putting the land companyered by roads and canals in the same companydition in which it was at the time when it was requisitioned by the Collector.
The first was that the appellant ought to have been awarded companypensation for the erosion of a portion of the land and the second was that the lands which were companyered by roads and canals were a total loss to the appellant since it was impossible to reconvert, them to their original use.
1,80,000/ for the damage caused to a portion admeasuring 90 bighas and the second claim was in respect of an area admeasuring 44 bighas, 3 canals and 14 laches, which, according to the appellant lost to him since that portion was companyered by roads and canals.
of companypensation in respect of the laud companyered by roads and canals.
The learned District Judge awarded a sum of Rs.
V. Chandrachud, C.J. Civil Appeals Nos.
81 and 82 of 1972 An agricultural land measuring 3,095 bighas approximately, was requisitioned by the Sub divisional Officer, Mangaldai on various dates in April 1950.
The High Court rejected the companytention of the appellant in respect of the alleged erosion of the land but remanded the matter to the District Judge on the question.
On Feb. 21, 1958 the Collector gave back symbolic possession of an area admeasuring 2,740 bighas approximate to the appellant after derequisitioning it.
The first claim was in the sum of Rs.
