Parmanand Chandrawanshi vs State Of Chhattisgarh 86 Wpc/80/2018 ... on 23 October, 2018
In the matter of Tarabai Vs. Indore Municipal
Corporation, Indore, it has been held that setting
back by legal fiction shall have the effect of vesting
5
that land in Corporation and such vesting does not
depend on payment of compensation. In view of this,
it cannot be held that until payment of compensation
is made, the authorities are not competent to raise
any construction for widening of road or for
construction of drain. However, at the same time,
every citizen whose land is included in the building
line demarcated by the Corporation in accordance
with Section 305 of the Act is entitled to receive
reasonable compensation as provided under the
proviso to Section 305 and under Section 306 of the
Act, 1956, though sub-section (3) of Section 306
further provides that in assessing such compensation,
regard shall be had to the benefits accruing to that
owner from the development of the land belonging to
him and affected by such street.