MAHENDRALAL KANAIYALAL Vs. ADDITIONAL SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) We may mention that a common law point was raised on behalf of the appellants and it was submitted that the market rate should be considered as it prevailed on the date on which the notification under sec. 6 of the Land Acquisition Act 1894 was issued. Here we may repeat and mention that notification under sec. 4 of the Land Acquisition Act 1894 was issued on 20/11/1969 while notification under sec. 6 of the Land Acquisition Act 1894 was issued on 9/09/1971. There was thus a difference of a fairly long period and therefore this point was vehemently urged and using one date or the other was bound to make some difference in regard to the market rate according to the submissions. Therefore it is necessary to decide this question first.

(2.) We have already stated that while preparing the development plan reservation was made under sec. 7 (d) of the Act for the purpose of Gujarat Housing Board. On behalf of the appellants it was submitted that in view of sec. 11 of the Act which is required to be read with the schedule the appellants would be entitled to get the market rate as on the date of the issuance of notification under sec. 6 of the Land Acquisition Act 1894 To determine this question it is necessary to reproduce sec. 11 of the Act which runs as under:

(3.) Before we go to the Schedule it is also necessary to Reproduce sec. 84 of the Act which runs as under :