STATE OF U.P. Vs. VIDAYAWATI AND ORS.

JUDGEMENT

(1.) Heard Sri M.M. Tripathi, holding brief of Sri B.D. Mandhyan, learned Counsel for the appellant and Sri P.K. Rai, learned Counsel for the respondents.

(2.) Learned Counsel for the appellant submits that the Court below has committed a manifest error of law and fact to apply exemplar of very small area of land after giving merely 25% deduction on account of largeness of the area. He submits that the deduction should have been allowed at least to thetune of Rs.60.00%. He, therefore, submits that the compensation awarded is wholly erroneous and without consideration to the law settled by Hon'ble Supreme Court with regard to deduction on account of largeness of the area.

(3.) Sri Rai, learned Counsel for the respondents supports the impugned judgment and decree and rely upon a decision of Division Bench of this Court in Krishi Utpadan Mandi Samiti, Etawah v. Bishan Dass and others.2005 (Suppl.) RD 336.