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2004 Supreme(All) 455

MARKANDEY KATJU, R.S.TRIPATHI
Agra Development Authority – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Petitioner: Ramesh Upadhyay and V. B. Misra.
Counsel for the Respondents: Sunita Agrawal.

JUDGMENT

M. Katju, J.—This bunch of First Appeals reveals a scandalous state of affairs which is prevailing in the State of U. P. regarding compensation being paid for land acquisition.

2. In First Appeal No. 981 of 2002 the land in question belonged to Bhoop Singh and others who sold their right in the land after notification under Sections 4 and 6 of the Land Acquisition Act in favour of a society respondent No. 3 (a) to the petition, represented by its Secretary respondent No. 4 for a sum of Rs. 18,69,904 by 13 different sale deeds executed on 6.6.1991 and 7.8.1991.

3. The S.L.A.O. gave his award under Section 11 of the Land Acquisition Act on 8.11.1991 awarding Rs. 19,12,366.70 paise which was received by the respondent No. 3 (a). Thereafter, the society filed a reference application under Section 18 of the Land Acquisition Act and during the pendency of the reference application, the society transferred all its rights in respect of the property and the litigation in favour of respondent Nos. 5 to 11 for a sum of Rs. 1,35,000. The compensation awarded to respondent Nos. 5 to 11 is Rs. 1,02,99,491. Against this judgment of the court below the first appeal has been filed.

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