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2019 Supreme(SC) 134

L.NAGESWARA RAO, M.R.SHAH
Mahanti Devi – Appellant
Versus
Jaiprakash Associates Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjeev Bhushan, Sr. Adv., Mr. Virender Thakur, Adv., Mr. Subhash Chandran K.R., Adv., Mr. Nikilesh Ramachandran, AOR
For the Respondent: Mr. Abhinav Mukerji, AOR, Ms. Bihu Sharma, Adv., Mr. Siddharth Garg, Adv., Mr. S.B. Upadhyay, Sr. Adv., Mr. Pawan Upadhyay, Adv., Mr. Sarvjit Pratap Singh, Adv., Ms. Vanshika Gupta, Adv., Mr. Nishant Kumar, Adv., Unuc Legal LLP, AOR

JUDGMENT :

L. Nageswara Rao, J.

Leave granted.

1. A notification was issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on 11.04.2005 for acquiring land measuring 720-18 bighas and 95-4 bighas for the Himachal Cement Project (a unit of M/s Jaiprakash Associates Ltd.) in the villages Baga and Karog, Tehsil Arki, District Solan, Himachal Pradesh. The said notification was published on 12.04.2005. An award was passed on 27.01.2006. Compensation was computed by the Land Acquisition Collector at the rate of Rs. 2,10,000/- per bigha for cultivated land and Rs. 40,369/- per bigha for uncultivated land. In the reference filed under Section 18 of the Act, the Appellants were held entitled for compensation at the rate of Rs. 5 lakh per bigha. The sale deeds which were executed in 2004, i.e., one year prior to the issuance of the notification under Section 4 of the Act were brought on record. According to the well-established law as laid down by this Court, the sale deed representing the highest market value was taken into account by the Reference






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