CASE NO.: Appeal (civil) 7459 of 1997 PETITIONER: Krishi Utpadan Mandi Samiti Sahaswan Distt.Badaun thr.Secretary RESPONDENT: Mohammed Ibrahim & Anr. DATE OF JUDGMENT: 07/01/2004 BENCH: S. N. VARIAVA & H. K. Sema. JUDGMENT:
J U D G M E N T
With
CIVIL APPEAL NO. 7462 of 1997
Krishi Utpadan Mandi Samiti
Sahaswan District Badaun through
its Secretary Appellants
Versus
Saidullah @ Saidul & Ors. Respondents
With
CIVIL APPEAL NO. 7464 of 1997
Krishi Utpadan Mandi Samiti
Sahaswan District Badaun through
its Secretary Appellants
Versus
Smt. Rashi da Begum & Anr. Respondents
With
CIVIL APPEAL NO. 7465 of 1997
Krishi Utpadan Mandi Samiti
Sahaswan District Badaun through
its Secretary Appellants
Versus
Rayazul Haque & Anr. Respondents
S. N. Variava, J
In respect of acquisition by the same notification we have today
passed a Judgment in Civil Appeal No. 7463 of 1997 wherein we have
fixed market value at Rs.24.64 per sq.yard. In these cases the
respondents have led no evidence of any sale instances of comparable
lands. They have relied upon the order passed by the Stamp Officer in
case of the respondent in Civil Appeal No. 7463 of 1997 and the
valuation fixed by the District Magistrate, Badaun in respect of lands in
this area. As has been set out in detail in the Judgment in Civil Appeal
No. 7463 of 1997 valuation cannot be fixed on these basis. Though the
respondents have led no evidence as the acquisition is under the same
notification, to maintain uniformity, we award the same value as in
Civil Appeal No. 7463 of 1997.
The Appeals stand disposed of accordingly. There will be no
order as to cost.