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2024 Supreme(Online)(GUJ) 25174

HIGH COURT OF GUJARAT
MR. JUSTICE DEVAN M. DESAI, J
GULAB KESHAV CHOUDHARY DECEASED THROUGH HIS LEGAL HEIRS – Appellant
Versus
SECOND ADDL.SPL.LAQ OFFICER – Respondent


Advocates:
MR CG SHARMA(823) for the Appellant(s) No. 1,2.1,2.2,2.3,2.4,2.5,3,4,5,6,7,8 MR. ADITYA DAVDA, AGP for the Defendant(s) No. 1,2

ORAL ORDER

1. The present First Appeal is filed under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as, the Act ) read with section 96 of Code of Civil Procedure, 1908 (hereinafter referred to as, the Code )

2. Heard learned Advocate Mr. C.G. Sharma for the appellant-original claimant and learned A.G.P. Mr Aditya Davda for the original opponent no. 2.

3. The brief facts of the present case are as under:-

3.1. The land bearing survey no.627/1/1/2/3/4 admeasuring about 3946 square meter and 101 square meter as Kharaba land situated at village Shahwadi, Taluka City District and Sub District Ahmedabad was acquired for barrage known as Vasna barrage.

3.2. The notification under Section 4 of the Act, 1894 was published on 15.01.1981. Section 6 notification was published on 30.12.1983. The Land Accusation Officer passed an award on 23.9.1986 fixing the market value of the acquired land at the rate of Rs.30 per square meter and Rs.1 per square meters for Kharaba land. The said award was challenged by the original claimant by filing reference application under Section 18 of the Act being the Land Reference Case No.681 of 1987. The land bearing survey no . 627/1 was poss




























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