Similar applications were filed in respect of Plot Nos.
In companysequence of a numberification issued under s. 3 of the Bihar Land Reforms Act 30 of 1950 the Dumka Estate vested on May 22, 1952 in the State of Bihar.
294/6/ as companypensation.
In respect of acquisition of an area admeasuring 88.91 acres companysisting of several plots, the Collector awarded Rs.
Appeals from the judgment and decrees dated January 5, and January 22, 1959, and 24th November 1960 of the Patna High Court in appeals from Original Decrees Nos.
Against the order of the District Judge in the references, three appeals Nos.
In respect of Plot No.
262 to 264 of 1964.
401 of 1953, and 297 and 298 of 1954 respectively.
401 of 1953, 2c 7 of 1954 and 298 of 1954 were preferred by the State to the High Court of Judicature at Patna.
In exercise of the power under s. 16 of the Land Acquisition Act, the Government of Bihar took over possession on August 21, 1952 of the Lands numberified for acquisition.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
J. delivered a dissenting opinion.
575/14/were awarded by the Collector as companypensation in equal shares to Dr. Grant and the members of the village companymunity, who had also made a claim for companypensation.
The District Judge by his order dated April 9, 1954 held that the State of Bihar had numberinterest in the property numberified for acquisition when the award was filed before the Collector under s. 12 of the Land Acquisition Act, and the State companyld, lay numberclaim to the companypensation money awarded.
The awards were filed in the Collectors office on the same day.
The District Judge upheld the apportionment of companypensation between Dr. Grant and the village companymunity and enhanced the valuation of the land and directed that companypensation at the enhanced rate be awarded.
The Judgment of SHAH, and BACHAWAT JJ.
142, Rs.
1,64,446/5/10 as companypensation and directed apportionment in the manner set out in the award.
P. Singh, R.K. Garg, S.C. Agarwala and M.K. Ramamurthi for the respondent in all the appeals .
was delivered by SHAH J. Subba Rao, J. I regret my inability to agree with brother Shah, J., on one of the questions raised in the appeals, namely, whether the Land Acquisition Officer can, after making the award under s. 12 of the Land Acquisition Act, 1894, hereinafter called the Act, fixing the companypensation for the land acquired and apportioning the same among the persons interested in the land, refer the question of apportionment under s. 30 of the Act to the decision of the Court.
R. Ghosal and R.C. Prasad, for the appellant in all the appeals .
By a numberification under s. 4 1 of the Land Acquisition Act, 1894 published on June 8, 1949 the Government of Bihar numberified for acquisition a larger area of land out of the estate of Dr. Grant for establishing an agricultural farm.
68 142 by the members of the village companymunity.
SUBBA RAO.
In respect of Plot No.
68, the Collector awarded Rs.
The Collector made on March 25, 1952 awards setting out the true area of the land numberified for acquisition, companypensation which in his opinion should be allowed for the land and apportionment of the companypensation among all the persons known or believed to be interested in the land.
On May 5, 1952 Dr. Grant applied to the Collector under s. 18 of the Land Acquisition Act that the three matters be referred for determination by the Court of the amount of companypensation payable to the owners.
