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2011 Supreme(Guj) 388

G.B.SHAH, V.M.SAHAI
KANTIBHAI NANUBHAI PATEL – Appellant
Versus
DEPUTY COLLECTOR – Respondent


Advocates Appeared:
MR KM SHETH for the Petitioners.
Ms. Jirga D.Zaveri, Assistant GOVERNMENT PLEADER for the Respondents.

JUDGMENT

1. The short question that arise for consideration in this petition is whether a second application under Section 28-A of the Land Acquisition Act,1894 is maintainable ?

2. The brief facts of the case are that the petitioners are the owners of the land survey no. 298/1 admeasuring 13557 sq.mtrs. situated at village Kavas, Taluka: Choryasi, District: Surat. The land of the petitioners was acquired by the State Government by issuance of Notification under Section 4 of the Land Acquisition Act,1894 (for short "Act") on 4.6.1986. The declaration under Section 6 of the Act was published on 4.5.1987 and the Award under Section 11 of the Act was passed on 5.7.1989 and compensation at the rate of Rs. 7.00 per sq. mtr. was awarded. The petitioners' father did not make any application for reference under Section 18 of the Act. However, some other person whose land was acquired by the same notification, made a reference under Section 18 of the Act which was ultimately decided in Land Reference case no. 84 of 1989 and the amount of compensation was enhanced to Rs. 20/- per sq.mtr. by the judgment dated 30.9.1996 by the Reference Court. The father of the petitioners Nanubhai Narsinhbhai














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