SPECIAL LAND ACQUISITION OFFICER JUNAGADH Vs. POPAT PREMJI

JUDGEMENT

(1.) * * * *

(2.) Before we fix the just compensation one point is required to be decided and that is in regard to First Appeal No. 218 of 1975 filed by the claimants of survey no. 55. The learned Second Extra Assistant Judge rejected the reference on the ground that the claimants did not prefer any claim pursuant to the notice given under sec. 9 of the Land Acquisition Act and therefore they were not entitled to enhanced compensation under sec. 25 of the Act.

(3.) The learned Asstt. Govt. Pleader Mr. Shah drew our attention to the evidence of claimant Dharamshi who is examined at Exh. 23. In his evidence in cross examination he admitted that he was given notice by Talati and that notice is signed by him and that notice is Exh. 24. He also admitted that he had not given any objections in pursuance to that notice. On perusal of Exh. 24 it appears that in column no. 5 Dharamshi placed his signature on 30-9-1971 in column no. 4. The area acquired is mentioned