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1984 Supreme(Guj) 244

P.SUBRAMONIAN POTI, I.C.BHATT
Lalbhai Talsibhai Patel – Appellant
Versus
Additional Special Land Acquisition Officer, Ahmedabad – Respondent


Advocates Appeared: D.K.TRIVEDI, V.P.Shah

P. S. POTI, C. J.

( 1 ) THE question that arises in this appeal concerns the enhancement of compensation in respect of 4165 sq. mtrs. of land in survey No. 404 bearing Final Plot No. 347 of Town Planning Scheme No. 22 of village Vasna. The acquisition is for the Telephone Exchange Building. Notification under S. 4 Land Acquisition Act, D/-10-11-1970 was published in Government Gazette on 3-12-1970. The two documents available for the purpose of estimating the value of the acquired land are Ex. 47 D/-18-10-1969 and Ex. 48 D/-24-10-1969. These are plots comprised in survey No. 407. The learned Judge has noticed that the documents relating to these lands shows the land value of Rs. 37. 44 per sq. metre in one case and Rs. 34. 97 per sq. metre in the other case. Even so the Court has adopted Rs. 30/- per sq. metre for the acquired land only for the reason that the acquired land was of much larger area than the land acquired under Exs. 47 and 48. The extent of the area is not the real test. The mere important test is the location of the lands. It is seen from the map Ex. 24 that the land comprised in Final Plot No. 347 is definitely superior in all respects to the land comprised in Fina






















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