Citation : 2012 Latest Caselaw 5496 ALL
Judgement Date : 6 November, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 59 Case :- FIRST APPEAL No. - 531 of 1993 Petitioner :- A.D.A. Respondent :- Bachan Lal And Others Petitioner Counsel :- R.R. Yadav,B.B. Paul Hon'ble Prakash Krishna,J.
Heard Shri B.B.Paul, learned counsel for the appellant. None is present on behalf of the respondent.
The service on the respondent nos. 1 to 4 has been deemed sufficient by the order dated 9.1.2012. None is present on behalf of the respondent.
The present appeal has been filed against the judgment and decree dated 23.3.1993 passed by the 16th Additional District & Session Judge, Allahabad in LAR No.85 of 1991 whereby it has awarded compensation @ Rs.4000/- per biswa.
The learned counsel for the appellant submits that vast piece of land in pursuance of the notification dated 6.2.1987 issued under section 4 of the Land Acquisition Act which was followed by the notification under section 6 of the Act dated 9.3.1987 was acquired. He submits that the controversy involved in the appeal is covered by the decision by this Court in the case of ADA versus Kisori Lal reported in 2005 Alld CJ 81 wherein First Appeal No.640 of 94 decided on 13.9.2004 was allowed in part and the market value of the acquired land was fixed at Rs.2800/- per biswa.
In view of above, the appeal is allowed in part and the market of the land in question is fixed at Rs.2800/- per biswa. The remaining part of the award of the reference court is confirmed. No order as to costs.
(Prakash Krishna,J)
Order Date :- 6.11.2012
IB
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