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2010 Supreme(Guj) 17

R.M.DOSHIT, K.M.THAKER
HIMMATBHAI RAMJIBHAI – Appellant
Versus
SECOND SPECIAL LAND ACQUISITION OFFICER, AHMEDABAD – Respondent


Advocates Appeared:
Nitin M. Amin, for the Petitioners.
Notice Served by D.S., for Respondent Nos. 1 to 6.
Mrs. Krishna G. Rawal, for Respondent No.3.
Government Pleader, for Respondent No.6.

Judgment

MISS R. M. DOSHIT, J. Heard the learned Advocates.

2. With the consent of the learned Advocates, the petition is heard and decided finally.

3. This petition under Art. 226 of the Constitution is filed by the land owners. It is the claim of the petitioners that their lands at village Khambhada, Taluka-Dhandhuka, District-Ahmedabad were acquired in the year 1980 under the Land Acquisition Act, 1894 (hereinafter referred to as, 'the Act') for construction of Patana-Sarangpur road. Feeling aggrieved and dissatisfied with the compensation offered by the State Government, the petitioners had applied for reference under Sec. 18 of the Act. The learned Assistant Judge, Ahmedabad (Rural) decided the said reference on 30th December, 1985. The learned Extra-Assistant Judge enhanced the compensation to Rs. 9/- per sq.mt., with 30% solatium and interest @ 9% per annum for the first year and @ 12% per annum for the remaining period till the amount of compensation was paid or deposited in the Court.

4. The learned Assistant Judge though had enhanced the amount of compensation and also ordered payment of interest @ 12% per annum, did not extend the benefit of interest at the rate of 15% as sp















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