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2001 Supreme(SC) 235

S.N.VARIAVA, S.RAJENDRA BABU
Agra Development Authority – Appellant
Versus
Special Land Acquisition Officer – Respondent


JUDGMENT

S.N. Variava, J.-Leave granted.

2. This Appeal has been filed against a Judgment dated 5th January, 2000, wherein a writ petition filed by the Appellant has been dismissed.

3. On 30th January, 1989, a notification under Section 4 of the Land Acquisition Act 1894 had been issued for acquiring approximately 751.22 acres of land. On 8th February, 1990, notification under Section 6 was issued. On 29th February, 1992, Award was made. This land had been acquired by the Appellant for development of the Taj Nagri Avas Yojna Phase II. Under the Award the compensation has been fixed at the rate of Rs.130/- per sq. yd. for the land situated inside the municipal area and at the rate of Rs.97.50 per sq. yd. for the land situated outside the municipal area.

4. The Appellants are aggrieved by the fixing of compensation at the above mentioned rates. As the land was acquired for their benefit they cannot, by virtue of Section 50 of the Land Acquisition Act, demand a reference under Section 18. The Appellants have thus challenged the Award. The Writ Petition came to be dismissed by the impugned Judgment dated 5th January, 2000.

5. It was also urged that the Special Land Acquisition Officer had











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