AUESHABIBI GULAMHUSSAIN Vs. ADDL. LAND ACQ. OFFICER
LAWS(GJH)-2014-1-89
HIGH COURT OF GUJARAT
Decided on January 30,2014

Aueshabibi Gulamhussain Appellant
VERSUS
Addl. Land Acq. Officer Respondents

JUDGEMENT

R.M. Chhaya, J. - (1.) THIS appeal is directed against common judgment and award dated 10.9.1991 rendered by City Civil Court, Court No. 11, Ahmedabad u/s. 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure in Compensation Case No. 38 of 1988 and other allied compensation cases. It may be noted that the present appeal is as such directed against the Compensation Case No. 38 of 1988. Heard Ms. Archana Amin for Mr. G.M. Amin, learned Counsel for the appellants, Mr. Alkesh Shah, learned Assistant Government Pleader for respondent No. 1 and Mr. P.G. Desai, learned Senior Counsel with Mr. Krunal Amin for respondent No. 2.
(2.) THE facts arising in this appeal are as under: That the lands belonging to the appellants original claimants were sought to be acquired by the State for Ahmedabad Municipal Corporation. The lands belonging to the original claimants are situated in town planning scheme No. 24 area, being final plot No. 2/1 to 2/4 situated at village Rajpur Hirpur, Taluka City Ahmedabad. On perusal of the record it appears that the proposal to acquire the land was made by Deputy Commissioner, Ahmedabad Municipal Corporation on 23.5.1972. Considering the proposal so made, the lands belonging to the appellants original claimants were sought to be acquired by issuance of Section 4 notification in the month of September, 1973. After scrupulously following the procedure as prescribed under the Act the proceedings culminated into an award dated 23.9.1986. The Land Acquisition Officer fixed the market price of final plot No. 2/1 at Rs. 40/ - per sq.mtr., Rs. 50/ - per sq.mtr. for final plot No. 2/2, Rs. 45/ - per sq.mtr. for final plot No. 2/3 and Rs. 50/ - per sq.mtr. for final plot No. 2/4.
(3.) BEING aggrieved by the said award the appellants -claimants raised dispute which came to be referred u/s. 18 to the Reference Court i.e. City Civil Court, Court No. 11, Ahmedabad and claimed Rs. 90/ - to Rs. 100/ - per sq.mtr. The Reference Court by impugned common judgment and award dated 10.9.1991 was pleased to partly allow the Reference and awarded Rs. 25/ - per sq.mtr. together with solatium and other statutory benefits. Being aggrieved by the said judgment and award the claimants have preferred the present appeal as aforesaid.;


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