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1969 Supreme(SC) 451

J.C.SHAH, K.S.HEGDE
Dattatrayaya Shankarbhat Ambalgi – Appellant
Versus
Collector Of Sholapur – Respondent


Advocates:
For the Appellant :Tasaduq H. Khawaja, Advocate
For the Respondents: Shuja-ul-Haq, G.A.

Judgment

SHAH, J. :- The appellant is the owner of Final Plot No. 22 in Town Planning Scheme No. III, Sholapur. The land is within the limits of the Sholapur Municipality and admeasures 71 acres. A part of the land measuring 31 acres, 7 gunthas, and 65 2/9 sq. yards was notified on January 23, 1958, under Section 4 of the Land Acquisition Act for compulsory acquisition for a public purpose, viz. A Polytechnic Institute. The Land Acquisition Officer awarded the appellant compensation for the land at the rate of Rs. 2,000/- per acre. In a reference made under Section 18 of the Land Acquisition Act, the Civil Judge, Senior Division, Sholapur, enhanced the compensation to Rs. 3,500/- per acre. The Land Acquisition Officer and the appellant appealed to the High Court of Bombay. In appeal the High Court awarded compensation at the rate of Rs. 2,600/- per acre. With certificate granted by the High Court these two appeals are preferred by the appellant.

2. Normally in an appeal under the Land Acquisition Act, this Court does not interfere with the valuation by the High Court unless the judgement suffers from an error of principle or other substantial ground for interference is disclosed. Thi

















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