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Allahabad High Court

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

Bench: Prakash Chandra Verma, Ram Autar Singh

Court No. - 34

Case :- FIRST APPEAL No. - 582 of 1999

Petitioner :- Union Of India & Another
Respondent :- Bhupendra 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. 194 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