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2000 Supreme(SC) 1616

A.P.MISRA, S.S.M.QUADRI
Krishi Utpadan Mandi Samiti – Appellant
Versus
Kanhaiya Lal – Respondent


JUDGMENT

Misra, J.-This appeal raises two questions:

(A) Whether the High Court could at all have awarded the compensation exceeding the claim made by the owners in the reference. The claim being Rs.10,000/- per Bigha while the High Court awarded @ Rs. 11/- per sq.yd.

(B) Whether the High Court was right in awarding interest @ 9% and 15% to the respondent-land owners in a case where the award was rendered on 27.12.77 and the reference order was also passed on 28.2.1981.

2. In order to appreciate the controversy we are hereunder giving essential matrix of facts. The appellant desiring to establish mandi and its office complex, sent the proposal to the Special Land Acquisition Officer in which acquisition of certain compact land falling in villages, namely, Sangrampur and Kasba Khair both in Tehsil and Pargana District, Aligarh. Accordingly a notification under Section 4(1) of the Land Acquisition Act was published on 28.5.1976. Invoking the urgency clause under Section 17(1) possession of the land was taken on 28.8.1976. Award was made by the said Special Land Acquisition Officer on 27.12.1977. By this he awarded the market value of the land, as agricu





































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