S.M.Sikri, J. - (1.) THESE appeals by special leave are directed against the judgment of the Madhya Pradesh High Court in two Civil Revisions, Civil Revision No. 195 of 1962 and Civil Revision No. 497 of 1962. These revisions came to be filed in the High Court in the following circumstances.
(2.) ON January 21, 1961, the Respondent K. N. Palshikar -hereinafter referred to as the applicant -filed an application Under Section 387 (4) and (5) of the Madhya Bharat Municipal Corporation Act, 1956 -hereinafter referred to as the Act -in the Court of District Judge, Indore. He alleged that the Municipal Corporation by its memo No. 816 dated October 30, 1959, had informed him that in accordance with the Road Widening Scheme a set back of total area of 1455. 1 sq. ft. had been cut down from his land comprised in House No. 1 (New No. 38) on Road No. 1, Chhoti Gwaltoli, No. 1, Indore, and that the Municipal Corporation proposed to give him compensation only at the rats of Rs. 2.50 per sq. ft. which was not acceptable to him. He further alleged that the arbitrators appointed by the parties had given an award which was also not acceptable to him. The arbitrators had given Rs. 50 -per sq. ft. while he demanded Rs. 145 per sq. ft. The Municipal Corporation in its reply dated February 28, 1961, submitted that the compensation given by the arbitrators was very much in excess of the actual price of the land and prayed that the application be dismissed. Various issues were framed by the Additional District Judge, Indore, but they were all directed to determining the fair amount of compensation including interest.
(3.) THE Municipal Corporation also applied on January 19, 1961, Under Section 387 (4) of the Act praying that the price of the land be settled as per Section 387 (4). In para 10 of this application it was alleged that the memo regarding set back was issued on October 30, 1959, and therefore, the price is to be settled at the rates prevailing on that date.;