LAWS(ALL)-2017-1-460

IMTYAZ ALAM Vs. COLLECTOR BHADHOHI

Decided On January 05, 2017
Imtyaz Alam Appellant
V/S
Collector Bhadhohi Respondents

JUDGEMENT

(1.) Heard Sri K.S. Shukla, learned counsel for appellants. No one has appeared on behalf of respondent to oppose this appeal despite having been called in revised

(2.) This appeal under Sec. 54 of Land Acquisition Act, 1894 (hereinafter referred to as the "Act, 1894") has arisen from judgment and award dtd. 1/5/2004 passed by Sri Lalta Prasad Pandey, 3rd Additional District Judge, Bhadohi Gyanpur in Land Acquisition Reference ( hereinafter referred to as "LAR") No. 1 of 1999 ( Imtiyaj Alam and others Vs. Collector S.R. Nagar Bhadohi and others).

(3.) It is contended that Reference Court has not considered and discussed exemplar sale deed relied by appellants and without finding the same to be unreliable or inadmissible it has simply ignored the same. Further by referring to judgment of this Court in First Appeal No. 250 of 1988, though it was in respect of a different acquisition and has nothing to do with acquisition in question for which Notification under Sec. 4 was issued on 11/2/1982, Court below has rejected claim of appellant. Further, judgment relating to acquisition of 1982 could not have been made basis for deciding market value of land acquired on 25/1/1997 i.e. almost 15 years after.