K.RAMASWAMY, K.S.PARIPOORNAN
Topandas Kundanmal, Since Deceased Thereafter By His Heirs And Lrs. – Appellant
Versus
State Through The Land Acquisition Officer, Jamnagar – Respondent
JUDGMENT
These appeals are by certificate of fitness granted by the High Court under Article 133 (1) of the Constitution of India. Notification under S. 4 (1) of Land Acquisition Act 1894 (for short, the Act) was published on October 15, 1959 acquiring 10 acres and 12 gunthas of land situated in Jamnagar for the establishment under development of T. B. Hospital. The appellants laid a claim pursuant to the notice issued under Ss. 9 and 10 at the rate of Rs. 1,08,898/- per acre. The Land Acquisition Officer in his award Dated July 18, 1962 under S. 11, awarded a sum of Rs. 2,500/- per acre. Dissatisfied therewith, a Reference to the Civil Judge senior division was made under S. 18 of the Act. The appellants restricted their claim to Rs. 2.00 per sq. ft. The Civil Court enhanced the compensation to Rs. 1.25 per sq. ft. The High Court in the impugned judgment in the First Appeal Nos. 521 and 519 of 1963 Dated 28-7-72 set aside the award and decree of the Reference Court and confirmed that of the Collector. Since the value involved is more than 20,000/- the High Court granted a certificate. Thus these appeals.
2. The learned counsel for the appellants strenuously contended that Ex. 39 D
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