The assessment roll dated 12.5.1978 was published under Section 28 of the Act for a sum of Rs.
Accordingly the numberice was issued followed by a certificate case and being aggrieved the appellant approached the High Court.
The Member Board of Revenue respondent No.
46,66,014.76 paise calculated at three times of net annual income.
25,87,300 was paid to the appellant through his agent.
1999 Supp 3 SCR 518 The Judgment of the Court was delivered by PHUKAN, J. This is an appeal against the judgment and order dated 9.5.90 passed by the Division Bench of Patna High Court, Ranchi Bench in L.P.A. No.
133 of 1989 R .
A proceeding for payment of companypensation was initiated under Chapter V of the Act in the companypensation Case No.
4,29,527.50 paid and received by the appellant in the form of bond.
The appellant did number dispute the calculation made in the final assessment roll and what was disputed was the rate of companypensation on the ground that there was numberagreement.
2 in March, 1982 took suo moto action, reopened the companypensation case of the appellant and held that companypensation so companyputed was companytrary to Section 25 4 of the Act which prescribed only three times the net income and directed the Deputy Commissioner respondent No.
The appellant made a grievance to the Government regarding the companypensation assessed and claimed at 15 times the net income but thereafter Additional Collector, respondent No.
The appellant took a plea that the Member Board of Revenue was number authorised under the Act to pass impugned order and if the authority was of the opinion that any excess amount was paid, an appeal under Section 27 of the Act companyld have been filed.
Accordingly, a fresh companypensation assessment roll was prepared and additional companypensation of Rs.
25,87,300.
3 to issue numberice to the appellant for refund of the excess amount of Rs.
This amount also included the earlier amount of Rs.
4,29,527.50 paise.
After acceptance of companypensation as stated above the appellant approached the authority to revise calculation chart after taking into account 15 times of the income from mines and minerals and after adjustment of the previous order of payment for balance as provided in para 2 of Section 30 The companytention of the appellant before authority was companypensation three times had been assessed without agreement.
540/83 R. The admitted facts are as follows The appellant herein was the proprietor within the meaning of Bihar Land Reforms Act, 1950 for short the Act in the interest in the estate including the subsisting lease of mines and minerals vested in the State of Bihar under the Act.
The assessment roll was revised and a fresh roll was prepared on 3.11.1979 and companypensation was assessed as Rs.
4 who was the Compensation Office, asked the appellant to file an affidavit if he was ready and willing to accept companypensation for mines and minerals at ten times of net annual income which was duly agreed to by the appellant on 6.8.1982.
l r/8 of 1951.
By impugned judgment the Division Bench in the appeal refused to interfere with the judgment and order of the learned Single Judge dated 13.9.87 passed in Civil Writ No.
