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2016 Supreme(All) 1643

SURYA PRAKASH KESARWANI
KRISHI UTPADAN MANDI SAMITI – Appellant
Versus
KAILASHWATI – Respondent


Advocates:
Counsel :
B.D. Mandhyan and Satish Mandhyan for the Appellant; S.C., M.D. Singh, N.K. Sharma, N.S. Chaudhary, V.K.S. Chaudhary, S.K. Singh, V.K. Singh and V.S. Chaudhary for the Respondents.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—This bunch of First Appeals was heard at length on 8.12.2016 and 9.12.2016. Arguments of the learned counsel for the appellants were noted in the order dated 9.12.2016 as under :

“Heard Sri M.C. Chaturvedi, learned senior advocate assisted by Sri Madhav Tripathi, learned counsel for the appellant.

No one appears on behalf of the claimant-respondent even in the revised call.

Learned senior advocate refers to various paragraphs of the impugned judgment as well as the award of the S.L.A.O. and submits as under :

(i) Reference Court also found the sale-deed instance at serial No. 9 before the S.L.A.O. to be the correct exemplar for determination of market value of the acquired land of village Kukra by the notification in question and yet enhanced the compensation to Rs. 27,000/- per bigha without pointing out any discrepancy in the determination of market value by the S.L.A.O..

(ii) Reference Court has committed a manifest error of law and facts to enhance the compensation more than twice without there being any relevant evidence before it for determining the market value of acquired land at Rs. 27,000/- per bigha.

(iii) The reference Court h


























































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