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1990 Supreme(SC) 781

KULDIP SINGH, N.M.KASLIWAL
Vijay Cotton And Oil Mills – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
A.K.VERMA, HARISH N.SLAVE, M.N.SHROFF, R.N.SACH, S.SUKUMARAN

JUDGMENT

KULDIP SINGH, J.:—The Vijay Cotton & Oil Mills Ltd. was the owner of 6 acres 38/1/2 Gunthas of land situated on the Bhachau-Rahapar Road in Kutch District. On November 19, 1949 the Government of Kutch took possession of the said land under an arrangement that the Government would give to the owner in exchange suitable land of equal value. The Government constructed on the land, a State Guest House and a Court House. Thereafter the Government did not give any other land in exchange and instead decided to acquire the same. On February, 1 1955 the Government issued a notification under S. 6(1) of the Land Acquisition Act, 1894 (hereinafter called the Act) declaring that the land was needed for public purpose. The Collector awarded Rs. 5,075.44 rip as compensation. Feeling dissatisfied , the claimant asked the Collector to make a reference to the Court under S. 18 of the Act which was done. The learned District Judge found that the claimant was entitled to compensation on the basis of the market value of the land on the date of notification under S. 6 of the Act. He determined the same at the rate of Rs. 3 / - per square yard. He also awarded solatium at the rate of 15% and in




































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