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1936 Supreme(Lah) 491

BHIDE
Muhammad Ismail – Appellant
Versus
Secretary of State – Respondent


JUDGMENT

Bhide, J. - This is an appeal arising out of proceedings under the Land Acquisition Act. An area of 18 marlas belonging to the appellant Mohammad Ismail was acquired for the purpose of the Lahore-Lyallpur Road. It appears that possession was taken by the Government in anticipation of acquisition some time in 1925, though the preliminary notification relating to the acquisition under Section 4 of the Act was not issued till long afterwards, i.e. till 29th August 1933. Notification under Section 6 of the Act was issued on 10th October 1933. The appellant claimed compensation at the rate of Rs. 1,000 per marla, on the ground that his land was very favourably situated at the junction of two roads, viz. the Lahore-Lyallpur Road and the Sharakpur-Sheikhpura Road and was valuable as a suitable site for shops, petrol pumps, etc. The Collector admitted in his award the favourable situation of the plot in question, but considered the amount claimed by the appellant to be extravagant and awarded compensation only at the rate of Rs. 30 per marla, with 15 per cent for compulsory acquisition and also granted interest at 6 per cent per annum on the amount for the period of occupation prio

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