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SONIA GOKANI, NISHA M. THAKORE
Nathabhai Khimabhai – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
SONIA GOKANI, J.
1. Rule. Learned Assistant Government Pleader waives service of notice of rule for and on behalf of the respondent – State.
2. The group of applicants, who are before this Court seeking to condone the delay of 2488 and 2458 days respectively, challenging the judgment and order dated 21.02.2013 passed by the learned Principal Senior Civil Judge in Land Reference Cases at Junagadh.
3. It emerges from the record that the possession of the lands of the applicants had been taken over by the State in the year 2000. Additional compensation had been given at the rate of Rs.32.40 per square meters for irrigated land and Rs.25.87 per square meters for Jirayat land and Rs.11.14 per square meters for non-used/ uncultivated land. Additional compensation was given at the rate of 12% per annum for the period of 30 months and solatium at the rate of 30% on the said amount. This has aggrieved the applicants, whose main grievance is that the sale instances of the very village, whereby the market value of the land had been fixed at Rs.75 has not been taken into consideration by the Reference Court.
3.1. It is further their say that they were without the land and any compensation f
The central legal point established in the judgment is the need for a liberal interpretation of Section 5 of the Limitation Act in land acquisition cases to ensure substantial justice and consider th....
The central legal point established in the judgment is the judicial approach to condonation of delay in land acquisition matters, emphasizing the need for a liberal approach due to the illiteracy and....
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