IMPORTANT POINT
Valuation fixed by District Magistrate in respect of lands in the area of acquired land cannot be taken a basis to determine market value of acquired land under Section 23 of Land Acquisition Act.

JUDGMENT

S.N. Variava, J.-In respect of acquisition by the same notification we have today passed a Judgment in Civil Appeal No. 7463 of 1997 wherein we have fixed market value at Rs. 24.64 per. sq. yard. In these cases the respondents have led no evidence of any sale instances of comparable lands. They have relied upon the order passed by the Stamp Officer in case of the respondent in Civil Appeal No. 7463 of 1997 and the valuation fixed by the District Magistrate, Badaun in respect of lands in this area. As has been set out in detail in the Judgment in Civil Appeal No. 7463 of 1997 valuation cannot be fixed on these basis. Though the respondents have led no evidence as the acquisition is under the same notification, to maintain uniformity, we award the same value as in Civil Appeal No. 7463 of 1997.

The Appeals stand disposed of accordingly. There will be no order as to cost.

Appeal disposed of.

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