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1983 (12) TMI 330

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..... escribed Authority constituted under the U.P. Imposition of Ceiling on Land Holdings Act determined the compensation payable to respondents 3 to 6 for acquisition of the surplus land and trees in the amount of ₹ 90,637. 20 p. The State of U.P. having been dissatisfied with this quantum of compensation assessed by the Prescribed Authority preferred an appeal in the Court of the District Judge .....

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..... ation. The learned District Judge noted the fact that the allegation that Lekhpal and Sadar kanungo were in collusion with the answering respondents does not carry conviction. The learned District Judge further held that the explanation for not filing the appeal in time is not very convincing and that even though the concerned department had the knowledge about the order which was to be questioned .....

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..... icle 227 ultimately leading to injustice. This is what the High Court says : May be, if I had considered the matter as the court of first instance I might have taken a different view, but unless it can be held that the view taken by the learned District Judge was not a plausible view that cannot be reversed in exercise of the powers under Article 226 of the Constitution. Article 227 or Artic .....

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..... 3 to 6 are dragged to this Court through no fault of theirs. Though in the facts of the case they ought not to have very seriously contested the application made by the appellant for seeking condonation of delay in preferring the appeal, However, as discretion is exercised in favour of the appellant, it is just and proper that the appellant shall pay costs incurred by the respondents 3 to 6 both i .....

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