ALLAHABAD HIGH COURT
X, J
State of U.P. – Appellant
Versus
Proprietors and Tenants – Respondent
| Table of Content |
|---|
| 1. compensation is sought for acquired land under rehabilitation act. (Para 1 , 2 , 3) |
| 2. the classification of land for compensation purpose is debated. (Para 4 , 10) |
| 3. determined valuation should reflect use potential, not just current use. (Para 5 , 8 , 11) |
1. These are seven connected first appeals arising out of compensation proceedings under the U.P. Land Acquisition (Rehabilitation of Refugees) Act No. 26 of 1948, (hereinafter referred to as the Act). An area of land, measuring 19.99 acres belonging to several proprietors and situate in Lekhraj Muzbita within the Municipal Limits of the city of Meerut, was acquired under a notification dated 29th January, 1950, for the rehabilitation of certain refugees, who formed a society under the style of Jain Pursharthi, Housing Cooperative Society, Meerut. Possession was delivered to the Society on 27th June, 1950. The land acquired belonged to various proprietors, who claimed compensation at the rates varying from Rs. 5/- to Rs. 12/- per square yard. On a portion of the land there were tenants, who claimed compensation for their tenancy rights as well as for trees, wells and buildings standing on their land.
The Land Acq
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