STATE OF U.P. AND OTHERS Vs. RAM BHAROSEY LAL (SINCE DECEASED) AND OTHERS
LAWS(ALL)-2017-1-62
HIGH COURT OF ALLAHABAD
Decided on January 03,2017

State of U.P. and others Appellant
VERSUS
Ram Bharosey Lal (Since Deceased) And Others Respondents

JUDGEMENT

Sudhir Agarwal, Kaushal Jayendra Thaker, J. - (1.) Heard learned Standing counsel appearing for appellants. None appeared on behalf of respondents though names of Sri Rajesh Kumar Pandey, Sri Sanjai Srivastava and Sri V.S. Sisodia, Advocates have shown as counsel for respondents and the case has been called in revised. Hence, we proceed to decide this matter ex parte, after hearing learned Standing counsel for appellants.
(2.) This appeal under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as Act, 1894) has arisen from judgment and award dated 04.11.1995 passed by Sri V.K. Jain, District and Sessions Judge, Bulandshahr in Land Acquisition Reference (hereinafter referred to as LAR) No. 41 of 1988 awarding market value of acquired land for the purpose of compensation at the rate of Rs. 225/- per square yard, besides solatium at the rate of 30% on enhanced amount and additional compensation, etc.
(3.) Acquisition proceedings were initiated by issuing Notification under Section 4 of Act, 1894 on 17.09.1986 proposing to acquire 9 Bigha 15 Biswa 5 Biswansi land at Village-Baran, Pargana Baran, District Bulandshahar. Special Land Acquisition Officer (hereinafter referred to as SLAO) vide award dated 29.06.1987 determined market value at the rate of Rs. 2,72,250/- per bigha (Rs. 87/- per square yards). Dissatisfied therewith, claimants-respondents submitted application under Section 18 before District Magistrate, Bulandshahr for making Reference to District Judge for determining market value and pursuant thereto impugned judgment and award has been passed by District Judge enhancing compensation to Rs. 225/- per square yard.;


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