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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.

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