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1995 Supreme(SC) 1072

B.N.KIRPAL, K.RAMASWAMY
Indumati Chitaley – Appellant
Versus
Government Of India – Respondent


JUDGMENT :- Notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short `the Act) was published in the State Gazette on October 26, 1960 acquiring an extent of 17 acres 57 cents situated within the Nagpur Municipal limits for establishment of grain godown by the Central Government. The Land Acquisition Officer in his award under Section 11 on April 13, 1967 adopted market value to some lands 5o paise per sq. ft. and to some on 49 paise per sq. ft. and determined the compensation after deducting the developmental costs at Rs. 2,28,134.91 and ultimately paid to the claimants the total compensation of Rs. 38,414,91. On reference under Section 18, the senior Civil Judge by his award and decree dated June 30, 1966 evaluated the land on two methods, namely, as an agricultural land Rs. 5,000/- per acre or alternatively as a developed area and after deducting the development costs Rs. 8,000/- per acre determined the total compensation including solatium and interest at Rs. 1,22,250/-. On appeal, the High Court in F. A. Nos. 80/66 and 76/66, both filed by the appellant as well as by the State, by judgment and decree dated August 7, 1978 adopted that the mar




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