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2019 Supreme(All) 320

SURYA PRAKASH KESARWANI
Dharam Pal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Anil Sharma, Adv., Dheeraj Singh Bohra, Adv., Amit Manohar, Adv.

JUDGMENT :

Surya Prakash Kesarwani, J.

The controversy involved in the present first appeal is

"Whether compensation of land of Village Kakrala Khwaspur acquired on 5.1.1982, under Section 4 of the Land Acquisition Act, 1894, can be determined at the same rate i.e. Rs.297/- per Sq. yard, as was determined by the Division Bench in First Appeal No.1100 of 2004 (Mangu and others v. State of U.P. And others) decided on 3.12.2014 with respect to land of the same village acquired on 2.2.199, when some first appeals relating to the land acquisition dated 5.1.1982 were connected with the first appeal of Mangu & others (supra) and the Division Bench passed the judgment without being informed or without notice of this fact ?"

Heard Sri Anil Sharma, learned counsel for the claimant-appellant, Sri Girish Vishwakarma, learned standing counsel for respondent no.1 and Sri Shivam Yadav, learned counsel for respondent no.2, NOIDA.

FACTS OF THE CASE

2. By notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') published on 5.1.1982, land measuring 284

































































































































































































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