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2007 Supreme(All) 530

SHISHIR KUMAR, R.P.MISRA
ALLAHABAD DEVELOPMENT AUTHORITY – Appellant
Versus
EKHLAQUE HUSSAIN – Respondent


JUDGMENT

By the Court.—The Allahabad Development Authority through its Secretary (defendant -appellant) here-in-after referred called ADA has filed the above First Appeal under Section 54 of the Land Acquisition Act (called the Act) against impugned judgement and compensation awarded dated 30.4.1991 passed by Vth Additional District Judge, Allahabad in Land Acquisition Case No. 18 of 1989 in Land Acquisition Reference No. 219 of 1989 (Ekhlaque Hussain v. State of U.P. through Collector and others) whereby the Court below has enhanced the compensation and fixed a rate of Rs.150 per square meter and also additional compensation under Section 23 (1-A) of the Act with 12% market value along with 9% per annum interest on the enhanced compensation amount with effect from the date of taking possession till its actual payment and interest at the rate of 15% in case the compensation amount is not deposited within a period of one year i.e. up to 25.11.1988.

2. The detail of the land in question which is the subject matter of the compulsory acquisition under the Act is admittedly an agriculture land situated in village Kasari Masari, Tehsil and Pargana Chail District Allahabad. On 17.2.1987, a























































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