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2004 Supreme(SC) 674

H.K.SEMA, S.N.VARIAVA
Krishi Utpadan Mandi Samiti Sahaswan District Badaun Through Its Secretary – Appellant
Versus
Bipin Kumaretc. Etc – Respondent


JUDGMENT

S.N. Variava, J.-This Appeal is against the Judgment dated 14th July, 1997.

Briefly stated the facts are as follows:

2. Section 4 Notification for acquisition of 6.9 acres of land were issued on 30th January, 1988. Section 6 Notification was issued on 30th July, 1988. The award was passed on 16th July, 1990. The Land Acquisition Officer had called for sale deed from the office of the Registrar of Documents. He received 12 sale deeds of which one was in respect of a land situated within the acquired land. The Land Acquisition Officer, therefore, considered that sale deed to be a relevant document and on the basis of that sale deed, awarded compensation at the rate of Rs.15.37 per sq. yards.

3. The respondent and other claimants whose land had been acquired filed references under Section 18. Before the Reference Court it was proved that near the acquired land there was a cold storage and a petrol pump. It was shown that the high way passed near the acquired lands. It was proved that there was a lot of building constructions going on all around the acquired land. It was thus proved that the acquired land had high potential for building construction activity. The sale deed by












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