Full Text
LA.APP.519/2009
UNION OF INDIA Appellant
Through: Mr.Sanjay Poddar, Advocate Mr.Sachin Nawani, Advocate
Mr.Ramesh Ray, Advocate and Mr.Ashish Tanwar, Advocate for UOl.
Through: Mr.N.S.Chechi, Advocate.
. LA.APP.40/2010 UNION OF INDIA Appellant Mr.Ashish Tanwar, Advocate for UOI.
UNION OF INDIA .....Appellant Mr.Ashish Tanwar, Advocate for UOI.
(-3
03.06.2011
ORDER
1. Lands in village Tehkhand were acquired pursuant to a notification dated 13.11.1959 issued under Section 4 of the Land Acquisition Act 1894 followed by another notification dated 23.1.1965 also issued under Section 4 of the Land Acquisition Act
1894.
2. Pertaining to the notification dated 23.1.1965, the issue of compensation payable stands concluded by a decision of a Division Bench of this Court reported as 94 (2001) DLT 881 Laxm/bai vs. 1)01., 3. The fair market value assessed in LA.APP.519/2009 and LA.APP.40/2010 conforms to the compensation payable as per said decision and thus the 2 appeals are required to be dismissed on this short ground.
4. As regards LA.APP.49/20 11, noting that the same pertains to a notification dated 13.11.1959, but further noting that compensation has been assessed by the Reference Court with reference to the decision in Laxm/ba/'s case (supra); by depressing the market value of land by a suitable measure, even said appeal is required to be dismissed.
5. But before formally dismissing the appeals I hold that pending. applications in the appeals stand disposed of in terms of the prayers made thereunder.
6. LA.APP. Nos.519/2009, 40/2010 and 49/2011 are accordingly dismissed.
7. No costs.