U P STATE ROAD TRANSPORT CORPORATION Vs. SAMANTO
LAWS(ALL)-2012-11-48
HIGH COURT OF ALLAHABAD
Decided on November 21,2012

U P STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
Samanto Respondents

JUDGEMENT

- (1.) All these appeals were heard together and are being disposed of by a common judgment. The learned counsel for the parties jointly stated that common questions of law and fact are involved and all the appeals are directed against a common judgment dated 11.12.1997 delivered by Third Additional District Judge, Aligarh. The background facts may be noticed in brief. The Court below by a common judgment decided six land acquisition references wherein LAR No. 222 of 1987 (Dauli Ram and others v. State of U.P. and others) was entertained as the lead case.
(2.) The evidence was recorded in that very case with the understanding that it will be read in all other five connected references. A piece of land of village Rasoolpur Swad, Pargana and Tehsil Koal, District Aligarh was acquired for the purposes of construction of workshop and office of U.P. State Road Transport Corporation, by issuing a notification dated 12th of May, 1978 published on 3.6.1978 under Section 4 of the Land Acquisition Act. It was followed by notification dated 23.2.1979 published in the Gazette on 31st of March, 1979 under Section 6 of the Act. Special Land Acquisition Officer by its award dated 23rd September, 1986 offered the compensation at the rate of Rs. 11.24 per sq. yard to the landholders which was considered by them inadequate. Applications for making reference for determining the market value of the land were preferred and the matter was referred to the Civil Court and the Civil Court by the judgment and award under appeals has fixed the market value at the rate of Rs. 30/-per sq. yard. Feeling aggrieved, the present appeals have been filed.
(3.) Heard Sri Sameer Sharma, learned counsel for the appellants and Sri J.P. Singh, learned counsel for the respondents.;


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