KRISHI UTPADAN MANDI SAMITI Vs. SRI NARAIN AND ANOTHER
LAWS(ALL)-1994-9-139
HIGH COURT OF ALLAHABAD
Decided on September 22,1994

KRISHI UTPADAN MANDI SAMITI Appellant
VERSUS
Sri Narain And Another Respondents

JUDGEMENT

S.C.Mohapatra, J. - (1.) These four appeals under Section 54 of the Land Acquisition Act (hereinafter referred to as the Act) arise out of awards in two references under Section 19 of the Act where one set of evidence was adduced. Since facts are the same and land involved was acquired under the same notification for the same purpose, they are heard together and are disposed of in this common judgment as common question of law and fact are involved.
(2.) An area of 15 bighas 12 Biswas and 7 Biswansi of land in Khasra plot Nos. 353,354, 1871,1974 and 1883 was acquired by Collector on basis of notification under Section 4(1) of the Act published on 28-7-1982 for construction of buildings and shed of Krishi Utpadan Mandi Samiti (hereinafter referred to as Samity), Mowana in district Meerut which is a statutory body. Plot No. 353 measures 1 bigha 1 Biswa 6 Biswansi. Plot No. 354 measures 7 Biswas, plot No. 1871 measures 9 Bighas 10 Biswas 1 Biswansi, Plot No. 1874 measures 3 Bighas and plot No. 1883 measures 1 Bigha (1 Bigha = 3025 sq. yds = 20 biswas and 1 Biswa = 20 Biswansis).
(3.) Land Acquisition Officer awarded compensation at the rate of Rs. 75/- per sq. yd. of Abadi (homestead) and Rs. 11.12 paise per sq. yd of Bada Aul Aabi, Rs. 9.25 paise per sq. yd of Sabe Aabi and Rs. 7.37 paise persq. yd. of Sabe Doyam Aabi. He treated plot Nos. 353 and 354 as abadi and rest of the three plots as agricultural land of different categories as mentioned above. Claimants were demanding market value of Rs. 100/- per sq. yd. for the entire area asserting that the entire area is abadi. Protesting against the offer of the Land Acquisition Collector, they requested for reference to Court under Section 18 of the Act.;


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