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1966 Supreme(Guj) 66

N.G.SHELAT, AKBAR S.SARELA
Ambalal Mansukhram Joshi – Appellant
Versus
Addl. Special Land Acquisition Officer – Respondent


Advocates:
I.M. Nanavati with A.H. Mehta and V.M. Chokshi, for Appellants; J.M. Thakore Advocate General with H.M. Chokshi Govt. Pleader, for Respondent No. 1.

Judgement

SARELA, J. :- This appeal by one of the claimants relates to compensation in respect of two plots of land acquired under the Land Acquisition Act (Act I of 1894) (hereinafter referred to as the Act). The award by the Land Acquisition Officer for one of those plots namely final plot No. 9, was at the rate of Rs. 11 pet s. q. and for the other namely final plot No. 42 at Rs. 8 per s.q. On a reference to the District Court by the claimant who is the appellant here the Court raised the rate of compensation to Rs. 12/- and Rs. 9/- respectively in respect of final plots Nos. 9 and 42. Against that order this appeal is filed, it being the contention of the appellant that the compensation so awarded by the District Court was inadequate and requires to be enhanced.

* * * *

9. Now the best method of determination of the true market price of a plot of land is to base it on instances of sale of the same land or a portion of it at about the same time. The next best method is to look for other instances comparable in time and quality and it is on this method that Mr. Nanavati has placed reliance. Mr. Nanavati for the appellant


























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