Search Results Page

Search Results

1 - 8 of 8 (0.38 seconds)
Suresh Kumar vs Town Improvement Trust, Bhopal on 3 March, 1989 cites

Dollar Company, Madras vs Collector Of Madras on 1 May, 1975

In Dollar Company, Madras v. Collector of Madras, 1975 Suppl. S.C.R. 403 the Land Acquisition Officer awarded Rs. 800 per ground as compensation and the City Civil Court on reference awarded at the rate of Rs. 1,000 pet ground, and the High Court on appeal awarded Rs.1800 per ground. The appellant himself purchased the suit land about 10 months before the Notification under Section 4 was made at a price of Rs.410 per ground whereafter the appellant has spent a little money on filling up a pond. Dismissing the appeal it was observed that this Court interferes with the judgment of the High Court only if the High Court applies a principle wrongly or because some important point affecting valuation has been overlooked or misapplied. A Court of appeal inter- feres not when the judgment under attack is not right, but only when it is shown to be wrong. As there was no error in principle in the High Court judgment nor had any of the limited grounds on which that Court's jurisdiction could be legitimately exercised was made out, the appeal was dis- missed. Therefore, it is for the the appellant to show that there is ground for interference in this case. As regards the value of the house, the Land Compensation Tribunal clearly observed that it visited the spot and found that the house 'was in extremely dilapidated condition having big cracks in foundation, walls and pillars. The foundation was getting-loose. The roof of asbestos sheets was sagging, indicating that the wood rafters had been badly damaged. Doors and windows were in bad condition. The two verandahs of the house were temporary, with roof of asbestos sheets.' The house, according to the Tribunal might be 20 to 25 years old and depreciation would be 5% per year. Considering the above factors 913 we are of the view that the compensation awarded, namely, Rs.5,000 is reasonable. Also from evidence we find that Rs.3,000 for the well was reasonable. There was no error of principle and hence there can be no grievance on these counts.
Supreme Court of India Cites 5 - Cited by 103 - V R Iyer - Full Document
1