AVAS AYUKTA UP AVAS EVAM VIKAS PARISHAD & ANOTHER Vs. RAJ KUMAR & OTHERS
LAWS(ALL)-2017-2-295
HIGH COURT OF ALLAHABAD
Decided on February 22,2017

Avas Ayukta Up Avas Evam Vikas Parishad And Another Appellant
VERSUS
Raj Kumar and others Respondents

JUDGEMENT

Ashwani Kumar Mishra, J. - (1.) Heard Sri Ajit Singh Rana, learned counsel for the appellant and Sri Ashok Tripathi, learned counsel for the respondents
(2.) Learned counsel for the appellant, at the very outset, points out that dispute relating to market rate of land, pertaining to acquisition concerned, has been settled by Division Bench of this Court in First Appeal No. 569 of 2012, and the award of the reference Court under Section 18 has been affirmed. Para 11 of the judgement dated 24.10.2016 in First Appeal No. 569 of 2012 is reproduced:- "11. We, therefore, of the opinion, there is no manifest error on the part of Reference Court in determining market rate by means of impugned award and it cannot be said that the same is excessive or unjust. The question formulated above is answered against appellants."
(3.) Since the present appeal also arises out of same acquisition proceedings, the determination of compensation by reference Court herein is affirmed and the appeal is dismissed.;


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