Khanna, J. - (1.) This judgment would dispose of the two Civil Appeals Nos. 1751 and 1752 of 1968 which have been filed by Shamalbhai Lalubhai Patel against a common judgment of the Gujarat High Court on the basis of a certificate of fitness granted under Article 133 (1) (a) of the Constitution, as it existed then. The question involved in these appeals relates to the quantum of compensation in respect of the lands of the appellant acquired for the Western Railway.
(2.) Civil Appeal No. 1751 of 1968 relates to the acquisition of land comprised in two survey Nos. 332/1 and 329. The notification under Section 4 of the Land Acquisition Act in respect of that land was issued on April 19, 1956. Survey No. 332/1 measures 109-3/4 gunthas, equivalent to 13279 square yards. It may be stated that 40 gunthas constitute one acre and one guntha is equal to 121 square yards. The land acquisition officer assessed the compensation payable for the land comprised in survey No. 332/1 at the rate of Rs. 90/- per guntha. On reference, the civil Judge assessed the amount of compensation in respect of that land at the rate of Rs. 121/- per guntha, that is Re. 1/- per square yard. On appeal by the appellant, the High Court enhanced the amount of compensation to Rs. 150/- per guntha.
(3.) Regarding the land comprised in survey No. 329, which measures 21 gunthas, equivalent to 2541 square yards, the land acquisition officer awarded compensation at the rate of Rs. 90/- per guntha. On reference, the civil Judge fixed the amount of compensation at the rate of Rs. 180/- per guntha. The High Court on appeal upheld the award of the civil Judge so far as the land comprised in survey No. 329 is concerned.;