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2022 Supreme(SC) 1035

M. R. SHAH, KRISHNA MURARI
Bharat Petroleum Corporation Ltd. (BPCL) – Appellant
Versus
Nisar Ahmed Ganai – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Taruna Ardhendumauli Prasad, AOR Mr. K.M. Nataraj, ASG Mr. Vinayak Sharma, Adv. Mr. Parijat Sinha, AOR
For the Respondent(s): Mr. Sunil Fernandes, Adv. Mr. Sakal Bhushan, Adv. Ms. Nupur Kumar, AOR Mr. Vasu Bhushan, Adv. Ms. Priyansha Sharma, Adv. Mr. Divyansh Tiwari, Adv. Ms. Diksha Dadu, Adv. Ms. Muskan Surana, Adv.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 06.10.2021 passed by the High Court of Jammu & Kashmir and Ladakh, at Jammu in respective writ petitions preferred by the private respondents herein – original petitioners whereby the appellants herein – original respondents have been directed to determine the compensation of the acquired lands in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act, 2013”), the appellants herein – original respondents have preferred present appeals.

2. The facts leading to the present appeals in a nutshell are as under :

2.1 That, the lands in question were sought to be acquired under the provisions of the State Land Acquisition Act, 1990 (hereinafter referred to as “State Act of 1990”). The notification under Section 4 of the State Act of 1990 was issued on 15.11.2016. The lands in question were sought to be acquired for the appellants – beneficiary. That thereafter declaration under Section 6 of the State Act of 1990 was issued on 12.11.2018. The land owners – o


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