COLLECTOR JABALPUR Vs. BABULAL

JUDGEMENT

(1.) THIS is an appeal by the Collector, Jabalpur, against an award under the Land Acquision Act made by the Second Additional District Judge, Jabalpur, on 31st January 1957.

(2.) THE plot in question is situate in plot No. 76, block No. 14 of Miloniganj, Jabalpur. The area to be acquired is 5,400 sq. ft. and is part of plot No. 76. The plot is held by the owner in permanent lease hold rights free of assessment. Though the area is not on the main road, it is situate in a busy locality and is easily accessible from schools, hospitals, police -stations. etc... The advantages and disadvantages of the plot have been detailed by the Learned Additional District Judge as follows and are not in dispute. Its advantages are its situation in the heart of the town and its easy accessibility and its usefulness as a plot for leasing out to tenants by the owner himself, while its disadvantages are that it lies at the back of the main residential building occupied by the owner, has latrines on all its sides and abuts on a nala.

(3.) THE Collector has appealed against the enhancement, while the respondent Baboolal has filed a cross -objection claiming compensation at Rs. 2/ - per sq. ft.