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1991 Supreme(Guj) 271

C.K.THAKKER, G.N.RAY
BECHARBHAI KARSANBHAI – Appellant
Versus
SPECIAL LAND ACQUISITION OFICER – Respondent


Advocates Appeared: NITIN AMIN, S.R.DIVETIA

RAY, J.

( 1 ) THIS Special Civil Application is directed against the rejection of the application made by the petitioners under S. 28a (1) of the Land Acquisition Act for enhancing the Award in view of the enhancement of the Award in other cases covered by the same Notification for acquisition. It appears that the Collector rejected the said application "". under S. 28a (1) of the Land Acquisition Act for enhancement of the Award, simply on the ground that S. 28a has been brought into the Act by way of amendment after the notification under S. 4 of the Land Acquisition act was issued in the instant case. It appears to us that the date of the notification under S. 4 of the Land Acquisition Act has no relevance in considering the case for enhancement under S. 28a of the Land Acquisition act. In this connection, reference may be made to a decision of the Supreme court, made in the case of Mewa Ram v. State of Haryana, reported in 1986 (4) SCC 151. The Supreme Court has held, in the said decision that for availing the remedy of re-determination of the amount of compensation under S. 28a of the Land Acquisition Act, the conditions laid down therein are to be fulfilled and the forum is th



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