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1928 Supreme(SC) 64

Ghulam Hussein Ahmed Somaji and others – Appellant
Versus
Land Acquisition Officer, South Salsette, Bandra – Respondent


Advocates Appeared:
The Solicitor, India office, T.L. Wilson and Co., E. Brown, G.R. Lowndes, T. Strangman, E.B. Raikes, W.H. Upjohn

Lord Carson. -

This appeal relates to two references under the Land Acquisition Act as to the compensation which the Bombay Government should pay to the appellants for certain lands situated in the Island of Salsette near Bombay which they had acquired under the said Act. The appeal relates to two plots only. One was of about 15 acres and 6 gunthas in the village of Vadhawan, and the other of about 36 acres and 8 gunthas in the neighbouring village of Malad. Both the plots were in hills and were chiefly valuable for the building stone of good quality which underlies the surface. Appellant 3 who is substantially the only appellant, had then started quarrying in some of the hills and had purchased the Vadhwan land in question on 30th November 1919, for 7½ annas a square yard.

The Government's declaration under which both plots were acquired was published on 10th February 1921, and it is the market value of the land at that date to which the appellant is entitled. The Salsette Development Officer awarded compensation on the footing that the market value of the land was Rs. 500. But the Assistant Judge and the High Court before whom the question was subsequently considered on appeal hav









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