HOUSING COMMISSIONER Vs. DINESHCHANDRA RANCHHODBHAI

JUDGEMENT

(1.) FOLLOWING the judgment dictated today in First Appeal Nos. 771 to 774 of 1991, we partly allow these appeals also. However, having regard to the fact that Section 4 notification in this case was published on 1. 3. 1979 and that the lands in question in the present appeals were behind the lands covered by the above appeals and also considering the fact that as against the market value of Rs. 112. 50 per sq. mtr. awarded by the Reference Court in the references giving rise to the above appeals, the same Reference Court awarded compensation at the rate of Rs. 90/- per sq. mtr. in the present cases and that we have reduced the rate of compensation in the above appeals from Rs. 112. 50 per sq. mtr. to Rs. 75/- per sq. mtr. We reduce the rate of compensation in the present appeals from Rs. 90/- per sq. mtr. to Rs. 70/- per sq. mtr. The other directions given by the Reference Court are not disturbed and are hereby confirmed.

(2.) IT is clarified that the direction given by the Reference Court for deducting 5% of the compensation amount on the ground that the acquired lands were new tenure lands is hereby set aside in view of the judgment of the Apex Court in State of Maharashtra Vs. Babu Govind Gavate, AIR 1996 SC 904.

(3.) THE appeals are partly allowed in the above terms.