STATE OF ASSAM versus JITENDRA KUMAR SENAPATI & OTHERS

Citation: [1981] 2 S.C.R. 850 · Decided: 17-02-1981 · Supreme Court of India · Bench: S. MURTAZA FAZAL ALI · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
c 
D 
E 
850 
STATE OF ASSAM 
v • 
.llTENDRA KUMAR SENAPATI & OTHERS 
February 17, 1981 
[S. MURTAZA FAZAL ALI AND A. D. KosHAL, JJ.] 
Land Acquisition Act, 1894, sections 23 and 34-Agreen1ent between the 
parties reduced in writing to accept a specified sun1 by a specified date two 
years after the land acquisition-Whether the words "would not n1ake any 
further claini in regard to con1p·n1.1·atio11" li·ou.ld exclude further clain1s of 
interests under the Act. 
Accepting the State appeal, negativing the clnirn for interest and disn1issing 
the original writ petition, the Court, 
HELD : The expression "would not make nny 
further claim in regard to 
compensation" in the agreement dated the 24th February, 1969 was clearly 
used by the petitioners-respondents not in the sense in 
which it is used in 
sections 23 and 34 of the Land 
Acq_uisition Act but more comprehensively 
meaning reimbursement in full satisfaction of their claim in 
respect 
of the 
acquisition. 
The condition attached by then1 to the relinquishment of their 
claim was that the agreed amount must be paid to them before 31st March 
1969, which agreement would sho\V that by the acceptance of the quantified 
sum of Ro;;. 4,41,202.45 they condoned the delay in payment and 
also relin-
quished all future claims to interest. If it were otherwise, the respondents would 
have expressly reserved their right to claim interest under section 
34 of the 
Act. [853 A-B, D-fl 
CIVIL APPELLATE JURISDICTION: Civil Appeal 
No. 
1947 
of 
1970. 
From the Judgment and Order dated 
17.3.1970 of the Gauhati 
High Conrt in Civil Rule No. 1151/69. 
• 
F 
·s. N. Chowdhary for the Appellant. 
G 
D. N. Mukherjee for Respondent No. 2. 
V. S. Desai, B. P.'Maheshwmi andS11resh Sethi and Miss Asha Jain~-._ 
for the Respondent. 
The Judgme\1t of the Court was delivered by 
KosHAL, J. 
This is an appeal by certificate granted under sub-
clause (a) of clause ( 1) of article 133 of the Constitution of India 
by the High Conrt of Assam and Nagaland against its judgment dated 
17th March, 1970 accepting a petition under article 226 of the 
Constitution of India which arose in the circumstances that follow. 
• ' 
H 
Land measuring 7.60 acres and situated at Lawshtnn, Bishnupur, 
• 
Shillong, belonged to the 5 respondents when a notification und·~r sec-
tion 4 of the Land Acquisition Act (hereinafter referred to as 
the 
, 
• 
• ' 
' 
• 
ASSAM v. JITENDER KUMAR (Koshal, !.) 
851 
Act) was published in respect thereof on 27th March 1967. Three 
days later the possession of the land was taken over by the Collector, 
United Khasi and Jaintia Hills, Shillong. 
Proceedings for the award 
of compensation to the respondents were pending when negotiations 
took place between the Chief Secretary to the Government of Assam 
and two of !he respondents who agreed to the reduction of the cost of 
acquisition of the land from Rs. 6,17,683.50 to Rs. 4,63,262.57 (in-
clusive of cost of establishment and contingency amounting to Rs . 
22,060.12). 
Thereafter the Under Secretary to the Go¥ernment of 
Assam in the Home and 
Political/Department wrote to respondent 
No. 2 a letter dated 21st February, 1969 detailing the agreement arriv-
ed at between the Chief Secretary and the respondents and requesti'ng 
them-
"to please submit immediately a wiitten document signed 
by all the co-sharers of the land to the effect that yourself 
and all other co-sharers are agreeable to accept the L. A. cost 
of Rs. 4,41,202.45 for land at Bishnupur and that you and 
your co-sharers will make no further claim for the land thus 
acquired by Government." 
The respondents lost no time in sending their reply which was 
dated 24th February 1969 ankd in which they stated that the delay in 
payment had caused to them great hardship and that they had agreed 
to reduce !he cost of the acquisition in the course of their discussion 
with the Chief Secretary whom they had urged "at the same time that 
the payment should be made immediately." The reply was signed by 
all the five respondents and was accompanied by an agreement (also 
signed by all of them), the text of which may be set out in extense : 
"We, all !he co-shares interested in the land acquisition 
case for constrnction of quarters for Special Branch Staff of 
Police Department at Lawsohtun, Bishnupur, Shillong, here-
by agree in response to the Government Letter No. 356/ 
66155 dated the 21st February, 
1969 to accept the land 
acquisition cost of Rs. 4,41,202.45P (

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