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2018 Supreme(All) 810

SUDHIR AGARWAL, SHASHI KANT
U. P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. – Appellant
Versus
NAZIR – Respondent


Advocates:
Counsel :
Ms. Usha Kiran, Smt. Archana Singh, Akhileshwar Singh, K.S. Ojha, Anuj Pratap Singh, Pratik J. Nagar, Satyam Singh, Shiv Nath Singh, M.C. Chaturvedi, Nripendra Mishra, S.K. Mishra, Renu Mishra, Abhijeet Mukherji, G.P. Gupta, Satendra Pratap Singh, V.S. Shukla, A.K. Narayana, Ashish Agrawal, Mahesh Narain Singh, J.P. Gupta, Nishant Mehrotra, Gauri Singh for the Appellant; Ankur Tondon, Gaurav Tripathi, S.K. Lal, Aditya Kumar Yadav, T.N. Tiwari, R.C. Maurya, K.K. Rajbhar, R.S. Manoj, Syed Imran Ibrahim, Praveen K. Singh, Rajesh Yadav, K.S. Shukla, Tarun Tiwari, S.C., Indra Raj Singh, Adarsh Singh, Kamal Dev Singh Chanchal, V.D. Ojha, R.K. Upadhayay, Y.S. Bohra, Jai Prakash Yadav, Ravindra Kumar Yadav, S.P. Singh, Manu Vardhana, A.K. Upadhyaya, Ajay Kumar Singh, Ashish Kumar Singh, K.C. Kishan Srivastava, M. Vardhan, Shashank Shekhar Singh, Ashutosh Pandey, Triloki Nath, Uday Bhan, Majahar Ali, Rajshree Malviya for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Learned Counsel for the parties contended that since issues involved in all the appeals are common, therefore, they may be permitted to refer paper book filed in some appeals, in all remaining appeals and preparation and filing of paper books in appeals, wherein the same have not been filed, be dispensed with. We order, as prayed for, and proceed accordingly.

2. The first 95 defendant’s appeals have been filed by U.P. State Industrial Development Corporation Limited (hereinafter referred to as “UPSIDCL”), for whose benefit land was acquired by State of Uttar Pradesh under the provision of Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”), assailing judgment and award of various dates passed by Courts of District Judge or Additional District Judge (hereinafter referred to as “Reference Court”) determining market value of acquired land under Section 23 of Act, 1894 for the purpose of payment of compensation to claimant-landowners.

3. The last six appeals under Section 54 of Act, 1894 have been filed by landowners against judgment and awards of Reference Court and according to them, market value determined by Reference Court is inad































































































































































































































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