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1996 Supreme(SC) 1318

G.B.PATTANAIK, K.RAMASWAMY
Gujarat Industrial Development Corporation – Appellant
Versus
Narottambhai Morarbhai – Respondent


ORDER

Delay condoned.

Leave granted.

Heard learned counsel on both sides.

2. Notification under Section 4 (1) of the Land Acquisition Act, 1894 [for short, the "Act"] was last published on April 10, 1989 acquiring a large extent of land admeasuring 8,61,515 sq. mtr. for public purpose, viz., industrial development; the land was at that time fit for cultivation but possessed of potential value and was situated in outskirts of Surat. The Land Acquisition Officer in his award dated April 15, 1991 awarded compensation @ Rs. 5/- per sq. mtr. On reference, the extra Assistant Judge by his award and decree dated April 19, 1994 enhanced the compensation to Rs. 25/- per sq mtr. On appeal by both the claimants as well as the State, the High Court while dismissing the appeals of the State further enhanced the compensation to Rs. 33/- per sq. mtr. Thus these appeals by special leave.

3. Though the land was waste land but being possessed of potential value was fit for building purposes and is situated in outskirts of industrial city, the courts below were right in taking into consideration potential value of the land for determination of compensation. In awards for lands notified under Section 4(1)




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