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2013 Supreme(SC) 564

B.S.CHAUHAN, Fakkir Mohamed Ibrahim Kalifulla
Premwati – Appellant
Versus
Union of India – Respondent


JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. These two appeals arise out of a common judgment of the Division Bench of Delhi High Court dated 07.02.2003, passed in batch of first appeals commencing from RFA No.167 of 1991 etc. We are concerned with the judgments passed in RFA No.132 of 1999, wherein the appellant in C.A.No.949 of 2005, was the appellant before the High Court and RFA No.129 of 1999, wherein the appellant in C.A.No.2443 of 2005 was the appellant before the High Court. The appellants were husband and wife. The appellant in C.A.No.2443 of 2005, died during the pendency of the appeal before the High Court and the appeal was pursued by his LRs.

2. The question involved in these two appeals is about the value of the land to be determined under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’). There was a Notification under Section 4 of the Act, issued on 26.03.1983, followed by a Notification issued under Section 17(1) of the Act, in respect of the lands situated in Shahibabad Daulatpur, Khera Kalan, Siraspur and Samaipur villages. Under Section 6 of the Act a declaration was also made on the same date viz., 26.03.1983. The lands of














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