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Vijay Cotton & Oil Mills Ltd vs The State Of Gujarat on 11 September, 1968

6. Learned senior counsel for the appellant has placed reliance upon the judgment in the case of Shree Vijay Cotton & Oil Mills Ltd. vs. State of Gujarat[1], particularly Paragraph 14 thereof. In paragraph 14 this court pointed out the failure of the high Court in not appreciating the mandatory provisions of Section 34 of the Act. That was a case of ordinary acquisition as per provisions of the Act wherein amount of compensation was determined in regular manner and not by any agreement. Further, there was no resort to urgency clause in terms of Section 17 of the Act nor there was any issue as to entitlement of interest under Section 34. The claim had been wrongly denied by the District Judge on a reference under Section 18 and the High Court also rejected the same by dismissing the cross objections as barred by limitation and on principle of res judicata. This Court, in the facts of that case held that the land owner was entitled for interest as per mandatory provisions of Section 34 of the Act. But the defence in the present case is entirely different and is not affected by the aforesaid judgment.
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