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2021 Supreme(SC) 568

M.R.SHAH, A.S.BOPANNA
MANMOHAN LAL GUPTA (DEAD) THRU LRS. – Appellant
Versus
MARKET COMMITTEE BHIKHI – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Mansoor Ali, AOR
For the Respondent(s): Mr. Jagjit Singh Chhabra, AOR Mr. Saksham Maheshwari, Adv. Mr. Kuldip Singh, AOR Ms. Ranjeeta Rohatgi, AOR

JUDGMENT :

A.S. Bopanna, J.

1. The appellant is before this Court assailing the judgment dated 15.07.2009 of the High Court of Punjab and Haryana at Chandigarh, passed in RFA No.1586/2005. The said appeal was also included in the common judgment passed by the High Court in RFA No.2082/2004 and other analogous appeals. Through the said judgment the High Court has determined the market value of the land at Rs.90/per sq. yard plus the other statutory benefits. The said determination of market value amounts to reduction from what has been determined by the Additional District Judge, Mansa (hereinafter referred to as the ‘Reference Court’). The appellant is therefore claiming to be aggrieved by the judgment impugned herein.

2. The land, in all measuring 31 acres 1 kanal and 4 marlas was notified for acquisition in order to develop the new grain market. The preliminary notification under Section 4 of the Land Acquisition Act, 1894 (for short ‘L.A. Act’) was issued on 30.11.1992. In the total extent notified the land measuring 10 kanals 17 marlas comprised in khewat/khatauni No.123/221 bearing khasra No.1207/2/2, situate in Bhikhi, beside the Highway from Bhatinda to Chandigarh, belonging to

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