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1972 Supreme(SC) 39

K.K.MATHEW, K.S.HEGDE, P.JAGANMOHAN REDDY
Ambalal Mansukhram Joshi – Appellant
Versus
Additional Special Land Acquisition Officer, Ahmedabad – Respondent


Judgment

HEGDE, J.:- This is an appeal by certificate. Apart from technicalities of law, on merits, the claim of the Appellant appears to be a preposterous one. The Appellant was the owner of final plots Nos. 9 and 42 in the city of Ahmedabad. He had granted the same on permanent lease to certain company in the year 1905 Under the lease deed, he was entitled to a rent of Rs. 150/- in respect of final plot No. 9 and Rs. 131/- in respect of final plot No. 42.

2. These plots were notified for acquisition under Section 4 of the Land Acquisition Act in the years 1952-53 by two different Notifications. Thereafter, they were duly notified under Section 6 and taken possession of in due course.

3. The lessee of the plot settled his claim with the Government by private agreement. Therefore, only the compensation payable by the appellant had to be determined. Before the Land Acquisition Officer, the Appellant claimed compensation for plot No. 9 at the rate of Rs. 25 per sq. yard and for plot No. 42 at the rate of Rs. 20/- per sq. yard. The Land Acquisition Officer valued the first plot at Rs. 11/- per sq. yard and the second plot at Rs. 8/- per sq. yard. On a reference to the Land Acquisition Ju




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