LAWS(SC)-2019-2-49

MAHANTI DEVI Vs. JAIPRAKASH ASSOCIATES LTD & ANR

Decided On February 08, 2019
Mahanti Devi Appellant
V/S
Jaiprakash Associates Ltd And Anr Respondents

JUDGEMENT

(1.) Leave granted.

(2.) It is clear from a perusal of the judgment of the High Court of Himachal Pradesh which heard the appeals filed by the Respondent and the cross-objections filed by the Appellants, that the logic followed by the Reference Court was adopted and the compensation of Rs.5 lakhs per bigha was maintained. There was no detailed discussion either by the Reference Court or the Appellate Court by taking into account the relevant factors for making a deduction of 60% from the market value of a sale deed which was executed.

(3.) It was held by this Court in Viluben Jhalejar Contractor v. State of Gujarat, 2005 4 SCC 789 p 797 as under:-