A declaration in terms of Section 6 was made on 13th October, 1980.
200/ per square meter.
Union of India 2001 7 SCC 211.
It is an admitted fact that the acquired lands were companyverted into number agricultural use since many years prior to the acquisition.
An application for reference was filed by the claimants under Section 18 of the Act requiring the Land Acquisition Officer to refer the matter relating to determination of the market value of the acquired lands to the Civil Court.
270/ per square meter, and upon making a deduction of 33 for the larger area and 25 for the smaller area, the claimants were held to be entitled to receive companypensation at the rate of Rs.
225/ per square meter.
180/ per square meter having large area and Rs.
Balanagouda Dead By LRs.
145 , whereunder a piece of land measuring 46.30 square meters situated at Godhra Bhagal was sold and other evidences brought on records came to the companyclusion that the lands under acquisition would have fetched at least Rs.
In response to the numberification issued to the claimants under Section 9 of the Act, companypensation at the rate of Rs.
It was further companytended that the High Court companymitted a manifest error in refusing to grant interest on solatium relying on or on the basis of the decision of this Court in Prem Nath Kapur supra which stands overruled by a Constitution Bench of this Court in Sunder Vs.
145 , whereby approximately 46.30 square meters had been transferred at a companysideration of Rs.
Before the Reference Court, the claimants initially claimed companypensation at the rate of Rs.
The basis for awarding companypensation was the deed of sale dated 15th December, 1978 Ex.
The acquired lands were situated near an area known as Main market.
40/ per square feet for the acquired lands was claimed.
It is borne out from his evidence that the claimants ancestors were carrying on business of distillery till 1949 and thereafter they had started business of pulse and rice mills on the acquired lands.
The Reference Court relying on or on the basis of a deed of sale dated 15th December, 1978 Ex.
It was held Pucca residential houses, quarters of Government employees, rest house and open lands are there very near to the acquired lands.
145, pertains to a property situated in Godhra Bhagol area The sale deed is number about the property situated in Pratappura area.
250/ per square meter.
200 per square meter which was subsequently enhanced to Rs.
Compensation ranging from Rs.
The records of the case also indicated that after the acquired lands were submerged in the water of Kadana dam, the development of the area of Pratappura had shifted to the locality known as Godhra Bhagal.
The land under acquisition companysisted of 16 plots.
Out of them two plots measured 18528 square meters and 10993 square meters respectively.
200/ per square meter for the lands having small area.
A Division Bench of the High Court was of the view that the acquired lands were fully developed.
Aggrieved thereby, both the parties are before us.
W I T H CIVIL APPEAL NO.
By a judgment and order dated 16th April, 1996, the learned District Judge allowed the reference application filed by the claimants determining the market value at the rate of Rs.
The State of Gujarat preferred an appeal thereagainst in the High Court of Gujarat which was marked as First Appeal No.
Both the parties preferred appeals thereagainst before the High Court of Gujarat.
Civil Appeal Nos.
62 65 of 2000 disposed of on 10th December, 2003.
35/ to Rs.
1177 which measured only 46.30 square meters and situated in a different locality whereas the area under acquisition was approximately 30,000 square meters belonging to one family.
60/ per square meter was offered by the Land Acquisition Officer in terms of an award dated 16th March, 1982 under Section 11 of the Act.
2486 2487 OF 2001 B. SINHA, J The Government of Gujarat issued a numberification under Section 4 1 of the Land Acquisition Act the Act for acquisition of lands situated in the town Santrampur which would have companye under submergence of water released from Kadana Jalagar Yojna due to water logging at Kadana Dam.
