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2008 Supreme(SC) 1150

B.N.AGARWAL, HARJIT SINGH BEDI, G.S.SINGHVI
Bhimasha – Appellant
Versus
Special Land Acquisition Officer – Respondent


ORDER

1. Heard learned counsel appearing on behalf of the parties.

2. Delay condoned.

3. Leave granted.

4. The Land Acquisition Officer fixed the market value of the acquired land at the rate of Rs.13,100/- per acre for dry land and Rs.1,000/- for phot kharab land. On a reference made under Section 18 of the Land Acquisition Act, 1894, the Trial Court awarded compensation at the rate of Rs.36,200/- per acre. On appeal, the High Court referred to the yield notification and price list issued by the competent authority as also the average price of both the crops in relation to the relevant year and concluded that market price of the land comes to Rs.66,550/- per acre. However, the High Court refused to award compensation at the said rate on the premise that the appellant had claimed compensation at the rate of Rs.58,500/- per acre.

5. We have heard learned counsel for the parties and perused the record. In the impugned order the High Court, after taking note of the yield notification issued by the Government and price list notified by the competent authority for crops (both are public documents) concluded that market value of the land is Rs.66,550/- per acre. Therefore, the appellants omi



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