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Jai Krishan (D) through LRS. Vs. State of Uttarakhand [01/07/14]

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[Civil Appeal Nos. of 2014 @ out of SLP (C) Nos.36299-36303/2010]. These appeals are directed against the judgment and order dated 16th July, 2005 passed by the High Court of Uttaranchal (now Uttarakhand) at Nainital in first Appeal No. 56 of 2001 (Old No.325/1995). By the impugned judgment, the Division Bench of the High Court partly allowed the appeal preferred by the State of U.P., set aside part of the judgment and award dated 23rd March, 1995 passed by the Reference Court. The factual matrix of the case is as follows: A Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 14th September, 1977 for the purpose of acquiring land measuring 36 acres situated at Glenmire Estate, cosycot and cosynook in Mussoorie. The acquisition was so made for the purpose of extension of Lal Bahadur Shastri National Academy of Administration, Mussoorie. Thereafter follow up Notification under Section 6 of the L.A.Act was issued on 30th January, 1978 which was also published. The possession of the land was taken over on 3rd July, 1986. The Special Land Acquisition Officer, after hearing the parties passed the award on 27th November, 1984 determining the amount of compensation at Rs.4,89,615.75. Col. Jai Krishan (since deceased) represented by Lrs. (appellant herein) and Mahesh Chandra- respondent no.8, got filed reference under Section 18 of the L.A. Act. The said reference No. L.A.154 of 1985 heard by the Additional District Judge, Dehradun.

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