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1998 Supreme(Guj) 199

C.K.BUCH, Y.B.BHATT
DEFENCE ESTATE OFFICER – Appellant
Versus
LILABEN W/o. GOVINDBHAI prabhudas – Respondent


Advocates Appeared: A.B.MUNSHI, A.J.PATEL, J.P.PATEL, JAYANT PATEL, S.J.DAVE

Y. B. BHATT, J.

( 1 ) THIS group of appeals has been filed for and on behalf of the acquiring body under S. 54 of the Land Acquisition Act read with S. 96, c. P. C. , challenging the common judgment and awards passed by the Reference Court under S. 18 of the said Act.

( 2 ) THE pertinent facts, in brief, are as under : 2. 1 The lands in question are situated in village Harni, District Baroda, on the outskirts of the city of Baroda, and were acquired for setting up a defence unit for the Air Force (Surface-to-Air Guided Weapons Complex ). The relevant notification under S. 4 was published on 25th September 1985, and possession was taken by the acquiring body on 28th May 1986. 2. 2 After following the requisite procedure, the Land Acquisition Officer declared his award under S. 11 of the said Act on 17th November 1986, whereby he offered Rs. 55,000. 00 per hectare, Rs. 60,000. 00 per hectare and Rs. 70,000. 00 per hectare, depending upon his classification of the acquired lands in different categories. The claimants-land holders, not having accepted the awards, preferred their Reference under S. 18 of the said Act, whereby they claimed a market value of Rs. 3. 50 per square feet. The












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