MULUBHAI MALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal by the original claimants is for enhancement of compensation awarded by the Land Acquisition Officer. The notification under Section 4 of the Land Acquisition Act was published on 27th June 1966 and the land of survey No. 443 admeasuring 2 Acres 33 Gunthas situated within the revenue limits of village Vartej has been acquired which is the subject-matter of compensation proceedings. The Land Acquisition Officer awarded compensation for the land at the rate of Rs. 21- per sq. yd. and Rs. 200/- for the wells. This was enhanced to Rs. 3/- per sq. yd. by the District Court and nothing is enhanced so far as the two wells are concerned and the compensation of Rs. 200/- is comfirmed, for the two wells.

(2.) The learned Counsel for the appellants has submitted that, the compensation should have been awarded at the rate of Rs. 6/- per sq. yd. and it is required to be enhanced by Rs. 3/- per sq. yd. in this appeal. It is submitted that for two wells, compensation should be awarded to the tune of Rs. 2.000/ instead of Rs. 200/-.

(3.) The comparative sale instances are Exhs. 24, 27, 33 and 35. They can be tabulated as follows:- <FRM>JUDGEMENT_514_GLH1_1992Html1.htm</FRM>