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2012 Supreme(All) 2325

PRAKASH KRISHNA, ARVIND KUMAR TRIPATHI
COLLECTOR, MIRZAPUR – Appellant
Versus
NAND KISHOR AGARWAL – Respondent


Advocates:
Counsel :
S.C. for the Appellant; D.P. Singh, D.B. Singh, Dharam Pal Singh, P.K. Dubey and V.P. Pathak for the Respondents.

JUDGMENT

Hon’ble Arvind Kumar Tripathi (II), J.—The present appeal has been filed by the Collector, Mirzapur against the judgment in Land Acquisition Case No. 8/1986 dated 30.11.1987 by which the reference Court has decided the market value of the acquired land to be twenty five lakh, solatium @ 30 % on that amount and 12 % additional compensation total thirty seven lakh, twenty thousand for land alongwith compensation for fruit bearing trees alongwith solatium, stone pillars alongwith solatium, compensation for two houses alongwith solatium and compensation for well alongwith solatium.

2. Total 18 bigha 7 biswa 1 dhur land including trees, wells and constructed Pakka house was acquired for industrial area, Chunar from village Usmanpur, Pargana Haveli Tehsil Chunar, district Mirzapur.

3. Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was published on 4.3.1978 and the notification under Section 6 of the Act was published on 30.5.1978. The possession of the land was taken on two dates i.e. 20.5.1979 and 20.9.1979. The award was given on 24.1.1986 and the market value of the land was fixed as @ Rs. 12,698.41 per bigha for the land falling

































































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