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1958 Supreme(Bom) 51

S.M.SHAH, N.M.MIABHOY
Assistant Collector, Thana Prant, Thana – Appellant
Versus
Jamnadas Gokuldas Patel – Respondent


JUDGMENT - (1) (After stating facts and dealing with matters not material for reporting his Lordship proceeded): The next question, which falls to be determined, is whether the claimans are entitled to compensation at the market rate prevailing on 28th May 1948, the date on which the notification under section 4 of the Land Acquisition Act was issued, or at the rate prevailing on 1st January 1948, and whether the claimants are entitled to the 15 per cent solatium in addition to the market value of the lands. By Bombay Act IV of 1948 the Bombay Legislature has amended section 23 of the Land Acquisition Act 1894. Section 3 of Bombay Act IV of 1948 provides by the first sub-section:

"Where during the continuance of this Act and land is required under the Land Acquisition Act, 1894........ for the prupose of a housing scheme the said Act shall have effect in relation to such acquisition as if-

(a) in clause (f) of section 3 after the words "such provision" the words and brackets and a housing scheme as defined in the Land Acquisition (Bombay Amendment) Act, 1948" had been inserted;

* * * * * *

(c) in section 23-

(i) in the first clause of sub-section (1), after the words, brackets and figu















































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