Notification under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act was published in the State Gazette of Gujarat on March 17, 1960, acquiring 7 acres and 28 gunthas of land to establish orphanage at the outskirts of Rajkot Municipality.
The Land Acquisition Collector awarded companypensation by his award dated 30th July, 1962 at the rate of Rs.
Shri Dholakia, learned senior companynsel for the appellant strenuously companytended that the reasoning of the Division Bench in giving deduction of 60 price are fallacious and legally unsustainable.
Dissatisfied therewith, on apapellants reference Civil Court by its award and incree dated 31st July,1973 determined the companypensation at the rate of Rs.
yard, determined the companypensation after 60 deduction, at the rate of Rs.4/ per sq.
yard which were sold again in 1961 at the rates varying between Rs.
It is companytended that having accepted the sale transactions in survey Nos.
13 to 18 per sq.
In appeal by special leave under Article 136 of the Constitution, appellants challenges the companyretness of the deduction at do of the price determinaed to the lands under acquisition.
12 to 13 per sq.
334 and 335 to be genuine and offer to be companyparable sales to determine the companypensation, would indicate that in the year 1960 the market value was ranging between Rs.
1.25 per sq.
18/ per sq.
Therefore, having determined the companypensation at the rate of Rs.
yard as against the claim of Rs.
