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2015 Supreme(All) 1639

SUDHIR AGARWAL, RAKESH SRIVASTAVA
U. P. STATE ELECTRICITY BOARD, AGRA – Appellant
Versus
SUSHILA DEVI – Respondent


Advocates:
Counsel :
S.C. Srivastava for the Appellant; V.D. Ojha and Pranav Ojha for the Respondents.

JUDGMENT

By the Court.—This appeal under Section 54 of the Land Acquisition Act, (hereinafter referred as “Act, 1984”) has arisen from award dated 16.4.1998 passed by Sri Yogendra Kumar Singhal, Additional District Judge (IV), Agra, adjudicating three Land Acquisition References (hereinafter referred to as “LAR”) including L.A.R. No. 41/88, determining market value of acquired land at the rate of Rs. 115/- per square yard and also 30% solatium under Section 23 alongwith interest for different periods as per the provisions of Act 1984. It has also determined compensation in respect of existing construction, including boundary wall and room existing on the land at the time of acquisition.

2. Sri S.C. Srivastava, learned counsel for appellant has confined his challenge to the award only to the extent that market value of acquired land has been determined at a very high rate. He has contended that Special Land Acquisition Officer (hereinafter referred to as “S.L.A.O.”) determined market value at the rate of Rs. 45/- per square yard, but the same has been enhanced unreasonably at the rate of Rs. 115/- per square yard.

3. The facts giving rise to the present dispute are as under :

4. Stat


































































































































































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