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Supreme Court Of India
M. R. Shah,
M. M. Sundresh
, JJ
(A) Land Acquisition Act (1 of 1894) , S.23— Acquisition proceedings – Allotment of land to project affected persons – Under rehabilitation scheme same land was allotted to two individuals – Number of submissions made respective parties on merits in support of their respective claims for allotment of land in question – However, as High Court has not at all decided claims of respective parties on merits, matter remanded to High Court.
(Para 4)
(B) Land Acquisition Act (1 of 1894) , S.23— Acquisition proceedings – Allotment of land to project affected persons – Under rehabilitation scheme same land was allotted to two individuals – Deputy Collector by order cancelled earlier allotment and passed fresh order of allotment in favour of subsequent allottee – Collector was directed to take fresh decision, attained finality – High Court setting aside Deputy Collector’s orders on grounds that they were without jurisdiction and coram non judice, erroneous – Matter remanded to High Court to consider legality and validity of orders in accordance with law.
(Para 4
6)
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