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2001 Supreme(Guj) 789
Gujarat High Court
Judgename :J.N.Bhatt, Y.B.BHATT
ADDITIONAL SPECIAL LAND ACQUISITION OFFICER,ahmedabad - Appellant
Versus
MANIBEN WD/o SHANKARBHAI C.PATEL - Respondent
First Appeal 1124 of 1981
Decided On : 11/29/2001
Headnote:(a) Land Acquisition Act, 1894 (Central Act 1 of 1894) -Secs. 18, 23 & 54 -Quantum of compensation -Enhancement of market value by Reference Court -Held, assessment of market value as per provision of Sec. 23 not possible to be calculated like geometry or arithmetic formula -Reference Court enhanced the market value after giving anxious thought and consideration to facts and circumstances -No justification to interfere with impugned award.
Market value determined under Sec. 23, Sub-sec. (1) of the said Act is not the only amount of compensation. The amount of compensation includes market value and other available permissible statutory benefits.
[Para 13]
(b) Land Acquisition Act, 1894 (Central Act 1 of 1894) -Sec. 54 -Appeal against award of Reference Court and cross objections -Held, enhancement of market value held by Reference Court was justified -No substance in appeal & also in cross objections -Hence, Interference not justified.
( 1 ) IN this group of 18 appeals with 2 Cross Objections in two appeals, common questions have been involved. Therefore they are being disposed of by this common judgement upon joint request.
( 2 ) THE First Appeal No. 1124/81 and 1125/81 have arisen out of a common judgement dated 31st December 1980, recorded by the Reference Court in which a common judgement came to be passed in respect of Compensation Case Nos. 48/79, 55/79 and 56/79. The common judgement rendered in these three compensation cases and the awards passed under section 18 of the Land Acquisition Act, 1894 (the said Act for short) is in respect of compensation cases in which the date of notification under section 4 (1) was 17. 8. 1974, followed by section 6 (1) notification on 15. 7. 1974 and the Land Acquisition Officer offered an amount of Rs. 25 and Rs. 35. 00 per square meter in respect of lands acquired by his award dated 25th February 1979.
( 3 ) FOR the sake of convenience and also for highlighting particulars of the cases which were dealt with under common judgement by the Reference Court are articulated in the following tabular form:
