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1990 Supreme(Guj) 221

SHARAD D.DAVE, S.M.SONI
KANTABEN WIDOW OF DAHYABHAI MAGANBHAI – Appellant
Versus
ADDITIONAL SPECIAL LAND ACQUISITION OFFICER, ahmedabad – Respondent


Advocates Appeared: D.K.TRIVEDI, V.S.PARIKH

SONI, J.

( 1 ) ). The appellants-original claimants have filed this appeal against the judgment and Award dt. 3-2-1979 passed by learned City Civil Judge (Court no. 10) in Compensation Case No. 2 of 1977. The claimants are the owners of land bearing Survey No. 361 of village Rakhial, Taluka City Ahmedabad. Part of the land admeasuring 3650 sq. mtrs. was sought to be acquired for circular road for National Highway. Notification under Sec. 4 of the Land Acquisition act ("act" for short) was published on 31-10-1971. The Notification under Sec. 6 of the Act was published on 1-3-1973. Notices under Sec. 9 were served on the concerned parties and after considering the evidence the Land Acquisition officer passed an award on 13-8-1976 whereby he awarded compensation at the rate of Rs. 5-50 per sq. mtr. The claimants being dissatisfied with the said Award requested the Land Acquisition Officer to make reference under sec. 18 of the Act. The Land Acquisition Officer made reference before the City Civil Court, Ahmedabad which was registered as Compensation Case no. 2 of 1977. The claimants had claimed Rs. 22. 00 per sq. mtr. before the Land Acquisition Officer. However, they were awarded Rs.














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