LAWS(SC)-1984-4-31

ASHARANI & ORS. ETC. Vs. TOWN IMPROVEMENT TRUST

Decided On April 27, 1984
Asharani And Ors. Etc. Appellant
V/S
TOWN IMPROVEMENT TRUST Respondents

JUDGEMENT

(1.) Special leave granted limited to the question of compensation payable in respect of lands in the 2nd belt.

(2.) Learned Counsel are heard on the appeals. The Land Compensation Tribunal, Jabalpur had awarded compensation for the lands in the 2nd belt lying beyond a depth of 660 feet from the Damoh Road at Rs. 6000.00 per acre having regard to the award of Rs. 7,500.00 per acre in respect of lands in the 1st belt abutting on the Damoh Road. The High Court on appeal reduced the compensation payable in respect of the lands in the 2nd belt to Rs. 4000.00 per acre on the basis of certain sale deeds pertaining to some lands situate in Manmohan Nagar on the other side of a road passing near the lands in question. We fell that in the circumstances of the case the proper compensation that should be awarded for lands in the 2nd belt should be Rs. 6000.00 per acre as compensation has been awarded at Rs. 7,500.00 per acre for the lands in the 1st belt. We, therefore, allow the appeals to the above extent and fix the compensation for lands in the 2nd belt at Rs. 6000.00 per acre. The amounts payable to the claimants should be calculated on the above basis. The judgment of the High Court is affirmed in other respects. There will be no order as to costs.