COLLECTOR JABALPUR Vs. NAWAB AHMAD YAR JAHAGIR KHAN
LAWS(MPH)-1969-12-8
HIGH COURT OF MADHYA PRADESH
Decided on December 22,1969

COLLECTOR, JABALPUR Appellant
VERSUS
NAWAB AHMAD YAR JAHAGIR KHAN Respondents

JUDGEMENT

- (1.) THIS judgment shall govern the disposal of First Appeal No. 35 of 1968 also. Both the appeals arise out of the acquisition of open land belonging to the respondent for the construction of Auto Exchange building of the Post and telegraph Department at Jabalpur.
(2.) UNDER two notifications issued under Section 4 of the Land Acquisition Act (hereinafter called the Act), 31330 sq. ft of land and 32400 sq. ft. of land, adjoining each other, were acquired. The notifications are dated 30-3-1963 and 26-7-1962, respectively. 31330 sq. ft. of land has frontage of 175 feet and is about 200 feet deep. The other land is situated immediately behind it and has no frontage. Behind both the acquired lands there is left to the respondent about 50000 sq. ft. of open land. In continuation of that land the respondent has his buildings. For brevity's sake, we will call the acquisition of 31330 sq. ft. of land as the 'first case' and the other case as the 'second case' throughout this judgment.
(3.) IN the first case, the Land Acquisition Officer came to the conclusion that the entire land abutting the road up to the depth of 70 feet was of higher value as it could be used for commercial purposes and therefore awarded for that portion of the land compensation at the rate of Rs. 3/-per sq. ft. For the remaining land in the first case, which, according to the Land Acquisition Officer, was only useful as residential plots, he awarded compensation at the rate of Rs. 1. 87 paise per sq. ft. In the second case, the award of compensation was made by the Land Acquisition officer at the rate of Rs. 1. 87 paise per sq. ft. The Land Acquisition Officer also awarded compensation for severance of other land left with the respondent at the back of the land acquired at Rupees 2000/ -.;


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