Allahabad High Court High Court

Union Of India & Another vs Hari Singh & Others on 19 January, 2010

Allahabad High Court
Union Of India & Another vs Hari Singh & Others on 19 January, 2010
Court No. - 34

Case :- FIRST APPEAL No. - 581 of 1999

Petitioner :- Union Of India & Another
Respondent :- Hari Singh & Others
Petitioner Counsel :- Govind Saran
Respondent Counsel :- S.K.Chaturvedi

Hon'ble Prakash Chandra Verma,J.

Hon’ble Ram Autar Singh,J.

This appeal has been filed against the judgment and decree dated 24.2.1999 in
L.A.R. NO. 199 of 1994-95 passed by Special Judge (Avashyak Vastu
Adhiniyam), Jhansi.

We are satisfied that the learned court below has rightly awarded the
reference and accepted the exemplars and has given award @ 2 lakhs per acre
but the reference court has erred in not deducting the amount as per law,
therefore, the finding to that effect is setaside.

Having heard Shri Govind Saran, learned counsel for the appellants and Shri
S.K. Chaturvedi, learned counsel for the respondent at length, we direct that
the deduction shall be made to the extent of 1/3 amount. Rest of the award is
confirmed.

This appeal is partly allowed.

Order Date :- 19.1.2010
R