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2005 Supreme(SC) 1011

ASHOK BHAN, S.B.SINHA
G. M. , O. N. G. C. LTD. – Appellant
Versus
Sendhabhai Vastram Patel – Respondent


Judgment

S.B. Sinha, J.—These appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

2. The representative fact of the matter, however, is being noticed from Civil Appeal No. 173 of 2004.

3. The lands situated inter alia in villages Santhal, Memadpur, Saduthla and Balol were acquired by the State of Gujarat for the purpose of use thereof by the Appellant.

4. A notification under Section 4 of the Land Acquisition Act (for short “the Act”) was issued on 31.7.1986. In terms of Section 6 of the Act, the declaration was issued on 29.12.1987. Upon service of notice upon the claimants, the Land Acquisition Collector made an award in terms of Section 11 of the Act. In doing so; several deeds of sale executed between 1981 and 1982 in respect of lands adjoining some of the villages were taken into consideration and market value of the land was determined at the rate of Rs. 1.55 per sq. m. The claimants - Respondents did not accept the said award and prayed for a reference to the Civil Court. Such a reference having been made the Reference Court purported to be relying on or on the basis of judgments dated 30th Oct















































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