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1985 Supreme(All) 233

N. D. OJHA, R. K. SHUKLA
STATE – Appellant
Versus
NATHHOO – Respondent


N. D. OJHA, J.

( 1 ) THE first appeal has been filed by State of Uttar Pradesh against the judgment and decree dt. 30-3-1976, passed by the District Judge, Meerut in Land Acquisition Reference No. 118 of 1974, awarding compensation to the respondents for their land acquired under the Land Acquisition Act (hereinafter referred to as the Act) at the rate of Rs. 6/- per sq. yard. The notification under S. 4 (1) of the Act was made on 13-8-1962. Some adjoining land at the same site belonging to other persons had also been acquired in respect of which compensation had been determined at the rate of Rs. 6/- per sq. yard by this Court in an appeal filed in this behalf against the judgment of the District Judge. For the State of Uttar Pradesh, appellant, reliance was placed on a sale deed as an exemplar indicating that the land was sold at a lesser price in the neighbourhood. The District Judge did not place reliance on the said sale deed on the ground that it had been executed about 4 years prior to the acquisition of the land of the claimant-respondents. He on the other hand placed reliance on the judgment of this Court, whereby the compensation in respect of the adjoining land had been









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