JUDGMENT - (1) By a notification dated 25th February 1952 under section 4 of the Land Acquisition Act, the Government of Bombay notified part of City Survey No. 369A admeasuring 26010 square feet of Nana Peth, Poona, as likely to be needed for a public purpose viz: vegetable market and a cart stand. The Land Acquisition Officer awarded to the claimant Rs. 61, 470 by valuing the land at Rs. 4-8-0 per square feet because in his view that land could be developed by laying it out into 14 building plots in two rows divided by a road. He awarded Re. 1 for the road-land admeasuring 289 X 25. In addition, the Land Acquisition Officer awarded to the claimant th e15 per cent. solatium. The claimant feeling dissatisfied with the award, applied for a reference under section 18 of the Land Acquisition Act. The learned Civil Judge, Senior Division at Poona, who heard the reference, confirmed the valuation of the land made by the Land Acquisition Officer. But he awarded to the claimant compensation at the rate of 14 annas per square feet for the area of 289 X 25 reserved under the scheme for the road. The Land Acquisition Officer, it appears, had made certain deductions in respect of the developm

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