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2011 Supreme(Guj) 296

JAYANT PATEL, J.C.UPADHYAYA
Rajkot Municipal Corporation Through Commissioner – Appellant
Versus
Rudiben Popatbhai – Respondent


Advocates:
Appearance :
Mr. Jayant P. Bhatt, for the Appellant No. 1.
None, for the Defendant No. 1.
Unserved-Expired (R), for the Defendants No. 1.2.1.
Mr. Y.S. Lakhani, Sr. Counsel with Mr. K.M. Sheth, for the Defendants No. 1.2.2, 1.2.3.
Ms. Moxa Thakkar, with Mr. Rituraj M. Meena, for the Defendant No. 2.

Judgment

Jayant Patel, J.—The present appeals arise against the judgment and the award passed by the Reference Court dated 6/5/2008, whereby Reference Court has awarded compensation at Rs. 100/- per sq. mtr., plus the statutory benefits under Section 23 [1-A] for increase in the price, solatium under Section 23 [2] and the interest under Section 28 of the Land Acquisition Act [hereinafter referred to as ‘the Act’].

2. The short facts of the case are that the land at village Madhapar were acquired for the requirement of Rajkot Municipal Corporation to establish Ground-drainage Plan, Sewerage Treatment Plant, etc., under the Act. The notification under Section 4 of the Act was published on 30/4/1987. The notification under Section 6 of the Act was published on 31/12/1987 and the award was published by the Special Land Acquisition Officer on 17/5/1989, whereby he granted compensation at Rs. 4/- per sq.mtr. As the claimants were not satisfied with the compensation, they raised the dispute under Section 18 of the Act and demanded compensation at Rs. 100/- per sq.mtr. The said dispute was referred to the Reference Court for adjudication being Reference Case Nos. 963/1998 to 965/1998. The R



















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