MUNICIPAL COUNCIL KHURAI Vs. KRISHI UPAJ MANDI SAMITI KHURAI
LAWS(SC)-1998-8-55
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on August 06,1998

MUNICIPAL COUNCIL,KHURAI Appellant
VERSUS
KRISHI UPAJ MANDI SAMITI Respondents

JUDGEMENT

- (1.) This appeal by special leave is directed against the judgment and order of the High Court of Madhya Pradesh at Jabalpur dated 8th January, 1995.
(2.) The only question for consideration is whether the respondent/Market Committee was liable to pay any compensation to the Municipal Council for the land comprising in Khasra No. 412/2, which was transferred by the Municipal Council to the Market Committee, since that land was earlier also being used for the purpose of the Market Committee by the Municipal Council.
(3.) The land in question is located in Khasra No. 412/2 and measures about 7 acres. It was acquired by the Municipal Council under a gift from Seth Mohan Lal for a public purpose, namely - to establish a grain market in the year 1912. This land, along with some other land and buildings was transferred to the Market Committee. Appellant demanded compen-sation for the land and buildings. The Market Committee challenged the demand through a writ petition. The writ petition was allowed and the case remanded to the Collector for determination of compensation. The Collector determined compensation for the land and building including the land comprising in Khasra No. 412/2. The order of the Collector was successfully challenged by the Market Committee through a writ petition in the High Court.;


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