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1994 Supreme(Guj) 75

J.M.PANCHAL
PARSHOTTAM RANCHHODBHAI TADPADA – Appellant
Versus
ACQUISITION OFFICER,kheda – Respondent


Advocates Appeared: G.H.AMIN, T.H.Sompura

J. M. PANCHAL, J.

( 1 ) THE lands bearing Survey Nos. 465 and 467/1 situated at village Kamla, Taluka Nadiad, District Kheda, belonging to the petitioner were acquired by the opponent for the purpose of the road connecting the Nadiad- mehmdabad road and the National Highway No. 8. After publication of Notifications under Secs. 4 and 6 of the Land Acquisition Act, 1894 (the Act for short) necessary notices were issued to the petitioner under Sec. 9 of the Act and ultimately the opponent passed an award on January 4, 1989 offering compensation to the petitioner at the rate of Rs. 500. 00 per Are. The petitioner was dissatisfied with the compensation offered by the opponent and, therefore, the petitioner by making an application required the Collector to refer the matter to the Court for determination of compensation. Accordingly, the Collector made reference which was registered as Land Reference No. 241 of 1991.

( 2 ) AT the time of hearing of the said reference application, the petitioner noticed that Survey No. 465 alone was mentioned in the reference and due to inadvertance Survey No. 467/1 was not referred to in the reference application at all. In the circumstances, the petition







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