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1996 Supreme(SC) 199

G.B.PATTANAIK, K.RAMASWAMY
State Of U. P. – Appellant
Versus
Rajendra Singh – Respondent


ORDER

Leave granted.

2. This appeal by special leave arises from the order of High Court of Allahabad dated February 3, 1994 in FA No.233/88. 5.357 acres of agricultural land situated in Daoodpur, Pargana Chinaiya-kot Tehsil Mohammadabad, District Azamgarh was acquired for construction of Sirsa Alpika. The Land Acquisition Officer in his award dated January 10, 1985 determined compensation @ Rs. 3.658.87 per acre. Dissatisfied therewith, the respondent sought reference under Section 18 of the Land Acquisition Act,1894 to the Civil Court. The Civil Court in its award and decree dated February 17, 1988 enhanced the compensation to Rs. 30.000/- per acre. Dissatisfied with the award of the Reference Court, both the claimants as well as the State filed the appeal. In the impugned judgment, the learned judge granted compensation @ Rs. 69.013.11 per acre. Thus this appeal by special leave.

3. It is settled law that in reference under Section 18 claimant being dissatisfied with the award of the Land Acquisition Officer, when the proceedings are taken under Section 20 of the Act, burden is always on the claimant like plaintiff to adduce reliable and acceptable evidence to prove proper, jus







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