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NIKHIL S. KARIEL
KALUBHAI KARSHANBHAI – Appellant
Versus
DEPUTY COLLECTOR – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Mr. Utsav P. Parikh for the appellants and learned AGP Ms. Roshni Patel for the respondent-State.
2. ADMIT. Learned AGP Ms. Patel waives service of notice of admission on behalf of the respondent-State.
3. With consent of learned Advocates for the parties, the present first appeal is taken up for final disposal.
4. By way of this appeal, the appellants challenge judgment and order passed by the learned Principal Senior Civil Judge, Amreli, dated 30.01.2018 in Land Reference Case No. 159 of 1999.
5. Learned Advocate Mr. Parikh for the appellants, at the outset, refers to a decision of a learned Co-ordinate Bench of this Court (Coram: Mr. Justice J.B. Pardiwala, as His Lordship then was) dated 08.10.2018 in First Appeal No. 3828 of 2018 and allied matters and would submit that for lands situated in the very same village as the land in question which had been acquired for the very same project, the learned Co-ordinate Bench, relying upon decision of the Hon'ble Division Bench of this Court in case of land acquired for the very sa
The main legal point established in the judgment is the entitlement of the appellants to additional compensation at specified rates and the exclusion of interest on the enhanced compensation for the ....
The main legal point established in the judgment is the determination of fair compensation for acquired lands based on the prevailing market rate and the evidence presented to establish the market va....
The court modified the compensation for land acquisition based on equal treatment among claimants from adjoining villages, establishing entitlement to higher compensation.
The court upheld the Reference Court's enhanced compensation for acquired land, emphasizing the need for evidence-based valuation while modifying the interest rate to 9% per annum from the date of aw....
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