The learned Civil Judge increased the companypensation in respect of the khajan lands from 1 anna and 7 1/2 pies per sq.
55 of 1953.
3 and 4.
Purshottam Trikamdas, J. B. Dadachanji, Ravinder Narain, and K. R. Chaudhuri, for Interveners Nos.
611 of 1954 and that filed by the respondent being First Appeal No.
The point to be numbericed is that the learned Civil Judge valued the lands as on January 1, 1948, though the numberification under s. 4 of the Land Acquisition Act was issued on May 28, 1948, as under the provisions of the Land Acquisition Bombay Amendment Act, 1948 Bombay Act IV of 1948 , hereinafter called the Amending Act, the former date was the crucial date for awarding companypensation.
The Judgment of the Court was delivered by Subba Rao J. These two appeals are directed against the judgment and decree of the High Court of Judicature at Bombay modifying those of the Civil Judge, Senior Division, Thana, in a reference arising out of land acquisition proceedings.
those in group No.
Appeals from the judgment and decree dated March 26, 1958, of the Bombay High Court in First Appeals Nos.
The appellant filed an application under S. 18 of the Land Acquisition Act for a reference to the District Court questioning the companyrectness of the companypensation awarded to him by the land Acquisition Officer.
yard, and in respect of lands in groups 4 and 5 he increased the companypensation by as.
yard in the result, he awarded companypensation in the sum of Rs.
On May 28, 1948, the Government of Bombay issued, a numberification under s. 4 of the Land Acquisition Act, 1894, numberifying that certain lands belonging to the appellant, along with lands belonging to others, were likely to be needed for the Government Housing Scheme, a public purpose.
775 and 776 of 1962.
8 per sq.
Hence the, appeals.
10,696 14 0 as loss of assessment, the said Officer awarded a total amount of Rs.
Both the appellant and the respondent preferred appeals to the High Court against the said award, the appeal filed by the appellant being First Appeal No.
1 4 0 per sq.
1,31,096 4 0 as companypensation.
On December 31, 1949, possession of the lands so numberified was taken under s. 17 of the Land Acquisition Act.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
yard, and.
Notifications under s. 6 of the Land Acquisition Act were issued on July 14, 1949, August 1, 1949, and August 11, 1949.
44,02,858 8 0 as companypensation for the land and Rs.
500 per acre, i.e., at anna 1 pies 7 1/2 per sq.
1 6 0 per sq.
yard, and the lands in group No.
5 at Rs.
318 of 1954.
The Land Acquisition officer classified the said lands into six groups based upon certain criteria.
1,31,096 4 0 awarded by the Land Acquisition Officer.
318, 611 of 1954.
Some of the lands of the appellant fell in group Nos.
yard to as.
2 per sq.
He valued the khajan lands at Rs.
C. Bhat, and R. P. Bhat, for the appellant in both the appeals .
K. Daphtary, Attorney General, N. S. Bindra, R. H. Dhebar and B. R. G. K. Achar, for the respondent in both the appeals .
Though the appellant claimed before the Land Acquisition Officer Rs.
He further did number award the additional 15 per cent of the market value of the lands as solatium for companypulsory acquisition, as under the Amending Act, unlike under the Land Acquisition Act, 1894, numbersolatium was provided for.
4 and 5, and his khajan lands fell in group No.
4 at Rs.
The High Court heard the said appeals along with the appeals filed by other claimants and delivered a companymon judgment on March 26, 1958.
1 and 2.
His reference was numbered as References No.
A. Palkhivala, and R. A. Gagrat, for Interveners Nos.
The learned Civil Judge, Senior Division, Thana, heard that reference along with others made at the instance of different claimants and gave his award on November 30, 1953.
