RUMA PAL, A.P.MISRA
KRISHI UTPADAN MANDI SAMTTI,kanpur – Appellant
Versus
MALIK SARTAJ WALI KHAN – Respondent
( 1 ) THE present appeal is by Krishi Utpadan Mandi Samiti challenging the fixation of quantum of compensation for the acquisition of 77. 80 acres of land which includes 20 acres of grove land.
( 2 ) THE referring court fixed the compensation based on the exemplar of the rate of Rs 7 per square yard deducting Rs 2 fixing the rate at Rs 5 per square yard for the agricultural land. The submission is, for agricultural land, computation should be based on capitalisation of annual income of crops, as per guideline contained in Chapter 482 (3) of Revenue Manual, compensation should be eight times of the value of annual crop (bagh bahar) and not per square yard. The aforesaid fixation at the said rate by the reference court was confirmed by the High Court. To appreciate the controversy, we are herewith giving a short matrix of facts: the claimant in the present case is one Shri Malik Sartaj Wali Khan, who has alleged, his landed property measuring 77. 80 acres situated in Village bihar Man Nagla, Pargana Tehsil and district of Bareilly has been acquired and the compensation amounting to Rs 6,07,786. 10p. has been awarded by the Land Acquisition Officer, Bareilly through an award dated 22-
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