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2014 Supreme(Jhk) 568

R.BANUMATHI, SHREE CHANDRASHEKHAR
Agricultural Produce Market Committee, Garhwa – Appellant
Versus
Saryu Prasad Gupta – Respondent


Advocates Appeared:
For the Appellant :M/s. V.P. Singh, Senior Advocate, M.K.Roy, A.Kumari
For the Respondent-State: M/s.V.K.Prasad, SC (L & C), S.Narsaria, JC to SC (L&C)
For the Pvt. Respondent: M/s. M.Tiwari, N.Sinha, P.Sinha

Judgment :

R.Banumathi, C.J.

As against the judgment and decree passed by the Single Judge in the First Appeals filed against the Land Acquisition Cases whether Letters Patent Appeal is maintainable, is the point falling for consideration in these appeals.

2. Shorn of details, brief facts which led to the filing of these Letters Patent Appeals are as follows : The appellant is a statutory body established under the provisions of the Agricultural Produce Market Committee (hereinafter Market Committee). For establishment of market yards at Garhwa, as per the requirements of the provisions of the Market Act, 22.71 acres of land was acquired at Garhwa by the State Government by Government Notification, which was published in the District Gazette on 16.6.1977. The Land Acquisition Officer fixed the value of the land at Rs.16,900/-per acre for the land situated upto 200 ft. from road side and Rs.12,675/-per acre for the lands beyond 200 feet. The award was passed on 17.8.1978. On 28.8.1978 claimants received the payment of compensation under protest. Seeking enhancement of compensation, Reference was made under Section 18 of the Land Acquisition Act and those cases were registered as (i)














































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