MANAGING DIRECTOR Vs. KISHORI DEVI

JUDGEMENT

(1.) HEARD finally with the consent of the parties. Both the special appeals are directed against order of Single Bench dt. 02.05.2011, whereby S.B. Civil Writ Petition No. 8723/2005 filed by petitioner/ appellant Smt. Kishori Devi, has been allowed and respondent Rajasthan State Road Transport Corporation (hereinafter referred to as 'RSRTC') has been directed to make payment of compensation of Rs. 2,58,490/ - with interest at the rate of 6% per annum from the date land was taken in possession of RSRTC. Being aggrieved with the order of Single Bench, both the parties have preferred these two special appeals.

(2.) SUBMISSION of learned counsel for RSRTC is that out of total land measuring 6923.5 Sq. Yds., the RSRTC utilised only 1114 Sq. Yds. for construction of Depot and workshop, rest of the land measuring 5809 Sq. Yds. has been used for constructing the approach road. Therefore, RSRTC is not liable to make payment of compensation in respect of land used for construction of approach road. It is, therefore, argued that Single Bench was not right in directing the RSRTC to make payment of compensation in respect of land used for construction of approach road also.

(3.) WE have considered submissions of learned counsel for the parties and examined the impugned order of Single Bench and also the other documents available on record.