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1980 Supreme(Guj) 80

S.H.SHETH, S.L.TALATI
CHANDRAKANT CHHOTALAL GANDHI – Appellant
Versus
STATE – Respondent


Advocates Appeared: C.K.TAKVANI, K.C.SHAH, K.V.VALIKARIMVALA

S. H. SHETH, S. L. TALATI, J.

( 1 ) THE petitioners are the owners of city Survey Nos. 1559 1560 1561 1562 1563 1564 1565 1567 and 1574 Part situate in Kalupur Ward in the city of Ahmedabad. Some of these survey numbers had superstructures standing on them. On 30th May 1957 the Government of Bombay issued a notification under sec. 4 of the Land Acquisition Act for the acquisition of these lands. The public purpose which was stated in the notification was that they were required for a municipal play ground. On 13th March 1955 notification under sec. 6 was issued Land Acquisition Officer made award of compensation on 30th June 1960. There after there was a reference to the City Civil Court at Ahmedabad under sec. 18 of the Act. The City Civil Court enhanced the compensation awarded by the Land Acquisition Officer. The award made by the City Civil Court at Ahmedabad was challenged by the State Government in this High Court. This Court allowed the appeal and modified the award. On 11th October 1960 and 12th November 1962 the State Government took possession of the lands in question except that of survey Nos. 1559 1560 1561 1562 and 1565 part. The possession of the above noted survey num


















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