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1965 Supreme(Guj) 20

P.N.BHAGWATI
STATE OF BOMBAY – Appellant
Versus
CHATRABHUJ NENSHI – Respondent


Advocates Appeared: J.M.THAKAR, M.H.CHHATRAPATI

P. N. BHAGWATI, J.

( 1 ) THIS appeal is directed against an order made by the District Judge Kutch in Land Acquisition Reference No. 1 of 1958 awarding a total compensation of Rs. 1 20 94 to the respondent for acquisition of a piece of land bearing Survey No. 910 situate on the Bhachaurahapar Road in Kutch District. The land belonged to the respondent which is a Limited Company carrying on business inter alia of ginning cotton and it was taken possession of by the Government of Kutch on 19 November 1949 under an arrangement that some other land suitable for the requirements of the respondent would be given by the Government of Kutch to the respondent in exchange for the land so taken over. At this time the Land Acquisition Act 1894 was in force in Kutch but no notification under sec. 4 (1) was issued by the Government of Kutch in respect of the land and no proceedings were adopted under the Act for acquisition of the land. The possession of the land was taken by the Government of Kutch for construction of the State Guest House and the Court house for the Subordinate Judge at Bhachau and these buildings were constructed on the land after possession of the land was taken though no ste










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