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2011 Supreme(Guj) 564

JAYANT PATEL, R.M.CHHAYA
State of Gujarat – Appellant
Versus
Jayantbhai Chaturbhai Patel Son of Deceased – Respondent


Advocates:
Mr. Niraj Soni, AGP, for the Appellant Nos. 1 – 2.
Mr. A.R. Majmudar, for the Defendant Nos. 1, 1.2.1, 1.2.2, 1.2.3.

Judgment

Jayant Patel, J.—As both the appeals arise from the common judgement, they are being considered simultaneously.

2. Both the appeals are directed against the judgement and award passed by the Reference Court in Land Reference Case Nos. 63/84 and 64/84, whereby the Reference Court has awarded additional compensation of Rs. 2,56,086.10 in Land Reference Case No. 63/84 and Rs. 67,96,327.50 in land Reference Case No. 64/84 and has additionally awarded interest under Section 28 of the Act with the observation of making it applicable from the date on which the possession was taken over of the land in question.

3. The short facts are that the lands for the project Sukhi, Unit-I, Baroda were to be acquired at Village Alikherva of Taluka Sankheda, District Baroda under the Land Acquisition Act (hereinafter referred to as the ‘Act’ for short). There were two parcels of land; one was land bearing Survey No. 206, admeasuring 53 Are and 64 sq. mtrs., whereas another parcel of the land was bearing Survey No. 207, admeasuring 13 hectare, 66 Are and 83 sq. mtrs. The possession of the land in contemplation of the proceedings under land acquisition by way of agreement was taken over on 18.2.197




































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