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2007 Supreme(All) 2098

AMITAVA LALA, PANKAJ MITHAL
NATIONAL THERMAL POWER CORPORATION VIDYUT NAGAR GHAZIABAD – Appellant
Versus
STATE OF U P – Respondent


Advocates:
B.D.TRIPATHI, Dinesh Dwivedi, F.S.CHAUHAN, H.R.Mishra, K.M.MISHRA, M.K.Tripathi, N.K.TRIPATHI, RAKESH DWIVEDI, S.K.Mehrotra,

AMITAVA LALA, J.

Since all the aforesaid first appeals are connected and have been heard analogously, the same are being decided by this common judgment and order having binding effect upon all the first appeals.

2. On 24th August, 1986 a notification under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter in short called as the act) was published in the newspaper for acquisition of 186-5-14 Bighas of land of

Village Rasoolpur, Tehsil Dadri, District Ghaziabad for setting up a power plant of National Thermal Power Corporation (hereinafter in short called as N. T. P. C.) (a Government of India undertaking ). On 21st October, 1986 notification under Section 6 of the Act was published in the gazette. Possession of the acquired land was taken on 25th February, 1987. On 15th October, 1988 the Special Land Acquisition Officer (hereinafter in short called as the slao) on consideration of 22 sale-deeds executed between a period of three years from the date of notification under Section 4 (1) of the Act selected an exemplar one sale-deed under Serial No. 14 in the list measuring 0-1-17 Bigha of the same village pertaining to the acquired portion of the land at the rate of Rs. 9,1























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