9911796707
TMI Blog1996 (12) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. We have heard learned Counsel on both sides. These appeals by special leave arise from the judgment of the Gujarat High Court, made on September 22, 1995 in FA. Nos. 2532- 2549/95. 2. A total extent of 68 hectares 62.5 sq. mts. of land was acquired for irrigation scheme by publication of the notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short, the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esses came to be examined in proof of the yield of the acquired lands. One of the witnesses was the Sarpanch of the village and his evidence was accepted. The Reference Court also found that the witnesses exaggerated the yield. On that basis, it determined the market value after deducting 1/3 towards prices at Rs. 325 per acre. It would be common knowledge that expenditure would be involved in rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the oral evidence of the witnesses on that ground alone. The court has statutory duty to the society to subject the oral evidence to great scrutiny, applying the test of normal prudent man, i.e., whether he would be willing to purchase the land at the rates proposed by the Court. On the touch stone of this, the Court should evaluate the evidence objectively and dispassionately and reach a finding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d compensation and interest on enhanced compensation @ 0.9% per annum for one year from the date of taking possession and 15% per annum till date of deposit into the court under the Act as amended by Act 68 of 1984, namely 30% solatium on the enhanced compensation, interest on the enhanced compensation from the date of taking possession for one year at 9% and thereafter at 15% till date of deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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