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2024 Supreme(Guj) 1179

BIREN VAISHNAV, NISHA M. THAKORE
Deputy Chief Executive Engineer – Appellant
Versus
Lilaji Ranchhodji Thakore – Respondent


Advocates Appeared:
For the Appellant : Ms. Archana U. Amin.
For the Respondents: Ms. Pooja Aashar, Astt. Govt. Pleader, Mr. A.V. Prajapati.

JUDGMENT :

(Nisha M. Thakore, J.)

1. The present appeal under Section 54 of the Land Acquisition Act, is directed against the judgment and award dated 31.08.2016 passed below Exhibit 38 by the learned Principal Senior Civil Judge, Patan, in Land Acquisition Reference No.310 of 2011 (Main case) and other allied matters. By the said common judgment and award, the learned Judge has partly allowed the Reference and has enhanced the amount of compensation determining the market value of land acquired at the rate of Rs. 106/- per Sq. Mtr. in lands, having no right of entry through Nalia Marg or existing Pakka road for entry and Rs.105/- per Sq. Mtr. in lands having right of entry through Nalia road. Apart from the aforesaid enhanced amount of compensation, the learned Judge has also awarded consequential statutory benefits of solatium along with interest.

2. In order to appreciate the dispute involved in the appeal, it would be appropriate to revisit the relevant dates of acquisition proceedings. The same are summarized as under:

2.1 The appellant - Railway Authority intended to acquire various parcels of land situated in village: Kalodhi of District: Patan for the construction of Patan –

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