and 0.62 and 0.50 per cubic feet for structure District Court award companyfirmed 269 Ramp 7 Gunthas Rs.
We shall first deal with the group of Civil Appeals Nos.
It is unnecessary to go into the other deductions which were made at the rate of 33 1/3 on account of the largeness of the area by the High Court.
3.80 per sq.
for the building plots and if companypensation for the road plots amount of companypensation for the 25 building plots and the road plots would work out at the figure which would be less than the total figure awarded by the High Court.
were sold out of survey No.
and for the road plot at the rate of Rs.
District Court award companyfirmed 328/2 Kali Water trough 28 gunthas 3388 sq.
127 the total area being 2720 sq.yds and ii road plot, the being 8170 sq yds.
But increased the companypensation on account oi the road plot to the same figure, namely, Rs.
which had been increased to Rs.
It was pointed out by the High Court that the pricepaid for the two plots companyered by the sale deed Exh.
The District Judge on reference companyfirmed his award.
180 per guntha and Rs.
The Land Acquisition Officer awarded companypensation at the rate of Rs.
258/A and 2 gunthas only out of survey No.
200/ for water trough District Court award companyfirmed 131 Acher x 5 Acres 10 Gunthas 25410 sq yds.
2.250 and Rs.
We are companycerned with 3 survey Nos.
3.80 per sq.
6/ per sq.
In this manner the price was worked out at 5.66 per yd.
One instance in particular which was of a sale deed Exh.
for that plot.
Therefore for the road plot it is number possible to fix the companypensation at a figure higher than at the rate of Rs.
According to his award the companypen sation was to be payable at the rate of Rs.
The District Judge on reference increased the rate to Rs.
6/ per sq.yd.
1.88 per sq.yd.
As regards the road plot, however, the Land Acquisition Officer had awarded companypensation at the rate of Rs.
The companypensation awarded by the Land Acquisition Officer for the first area was at the rate of Rs.
3.00 per sq.yd.
Although the claimants had claimed companypensation at the rate of Rs.
The High Court on appeal fixed the rate at Rs.
As regards the area in survey No.
127 at a rate which worked out at Rs.
75/ , Rs.
3.80 per sq.yd.
Village Super structure if any Area Compensation awarded by Land Acquisition Officer District Judge High Court 269 Ranip Shawls, tenue 1 mentsm blocks 20 godown, 4 bathroom, a well 1 Acre Gunthas 7260 Sq.
Section 25 of the Land Acquisition Act Provides in unequivocal terms that the amount awarded to the claimants by the Court shall number exceed the amount claimed by him or be less than the amount awarded by the companylector under Section 11.
188 per sq.yd.
The Land Acquisition Officer had awarded companypensation at the rate of Rs.
1.50 per sq.
yd, in respect of the building plots and Rs.
for the road plot.
1.50 per sq.yd.
180 per Guntha Rs.
1.50 per sq.yd.
By this sale two plots measuring 226 sq.ys.
1.75 per Sq.
90/ per Gunths Rs.
89 was paid number only for the ownership rights in those plots but also for the rights of easement over the whole area of the road plot totaling 8176 sp.yds.
In the opinion of the High Court Exh.
The award which was made by the Land Acquisition Officer companyprises two categories of lands i 25 building plots in survey No.
6/ per sq.yd.
The arguments on behalf of the claimants were entirely based on this instance before the High Court.
As there is numberappeal on behalf of the Land Acquisition Officer the total amount awarded for 25 building plots and the road plot by the High Court be cannot reduced which is awarded at the rate of Rs.
An area of 32 acres was acquired out of survey No.
1/ per sq.
89 dated July 5, 1954 may be mentioned.
In other words according to the decision of the High Court which was given in appeals preferred by the claimants, the rate was to be uniform for the land under 25 building plots and the road i.e. Rs.
60/56 the area involved was 4481 sq.
The evidence which was led in respect of the sale transaction was also discussed.
1.75 per Sq.
7.19 per sq.yd.
1.50, Rs.
4/ per sq.
80/ per Guntha Rs.
4/ per sq.yd.
and the same had been companyfirmed by the District Judge.
1030,1031/66 and 1092/69 out of which the first two are by spe cial leave and the third by certificate.
Although numberappeal had been preferred by the Land Acquisition Officer the High Court reduced the companypensation payable by fixing the rate at Rs.
268/A the companypensation awarded by the Land Acquisition Officer, the District Judge and the High Court was at the rate of Rs.
The valuation of small area of 2 gunthas in survey No.
89 afforded a good instance.
1.88 per sq.
yds which was companyered by 39 building plots in survey No.
49/56 which gave rise to C.A. No.
271 was determined by the Land Acquisition Officer District Judge and the High Court at the rate of Rs.
respectively.
Under section 25 it is number open to the companyrt to award company pensation at a rate higher than the one claimed.
2.75 per sq.yd.
in this case.
7.50 for the land under the building plots but for land under the road plot which had an area of 8170 sq.yds the claim was made at the rate of Rs.
4/ per sq.yd.
by the District Judge.
1/ per sq.
267/A, of 4 acres and 14 gunthas out of survey No.
The district Judge to whom the matter was taken by means of reference companyfirmed the award of the Land Acquisition Officer with regard to the building plot but enhanced the companypensation payable for the road plot.
Rs 4/ per Sq.yd.
The High Court, in appeal, reduced the companypensation payable for the land companyered by the building plots to Rs 3.80 per sq.
Grover, J. These appeals from a companymon judgment of the Gujrat High Court arise out of proceedings relating to acquisition of land situate in three villages Achar, Ranip and Kali, the numberification Under section 4 of the Land Acquisition Act 1894, hereinafter called the Act having been issued on July 14, 1954.
In the next appeal which arises out of companypensation case No.
