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2022 Supreme(All) 1856

SUNITA AGARWAL, KRISHAN PAHAL
Bulandshahr Khurja Development Authority Thru. Secry – Appellant
Versus
Amir Kuwar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.K. Misra, A.K.Srivastava, Ashwani Kr.Misra, B. Dayal, Bhupeshwar Dayal, Kshitij Shailendra, Kuldeep Kumar, Mohan Yadav, Neeraj Agrawal, Ramesh Upadhyaya, Sumit Daga
For the Respondent: B.B. Paul, B.K. Solanki, Bhupeshwar Dayal, S.C., D.K. Mishra, Dushyant Singh, M.C.Singh, Mahesh Chand, N.Agarwal, Neeraj Agrawal, S.P. Singh, Vinod Sinha

JUDGMENT :

1. This bunch of First Appeals filed under Section 54 of the Land Acquisition Act, arising out of the orders of the Reference Court, was listed before us pursuant to the order dated 23rd March, 2021 passed by the Apex Court in Civil Appeal Nos. 1060 and 1061 of 2021 filed by Bulandshahr Khurja Development Authority (In short referred to as “BKDA”).

2. Brief background of the matter before entering into the merits of the case is that two first appeals namely First Appeal No. 264 of 2012 (Bulandshahr Khurja Development Authority Through Secretary vs. Smt. Amir Kuwar and others) and First Appeal No. 3 of 2016 (Bulandshahr Khurja Development Authority vs. Atul Chandra And Another) were decided by a common judgment and order dated 1.7.2019 passed by this Court. Both the said appeals had arisen from two similar but separate awards of the Reference Courts under Section 18 of the Land Acquisition Act, 1894 (In short referred to as “the Act, 1894”). The market value determined by the Reference Court was upheld by this Court while dismissing the appeals with costs.

3. On a challenge made before the Apex Court, the Special Leave Petition (Civil) No. 1034 of 2020 and Special Leave Peti

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