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december 1958

Supreme Court of India · 1958-12-16

HAJI MOHAMMAD EKRAMUL HAQ vs THE STATE OF WEST BENGAL

Citation / case number
SC 1955/54
Court
Supreme Court of India
Petitioner
HAJI MOHAMMAD EKRAMUL HAQ
Respondent
THE STATE OF WEST BENGAL
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the principles for awarding compensation under Section 19 of the Defence of India Act and Section 23 of the Land Acquisition Act are identical, emphasizing the need to consider the potential value of requisitioned property. The Court found that the High Court erred in rejecting the arbitrator's additional 10% award for potential value, which was based on the special significance of the premises for the Controller of Army Factory Accounts. The Court reinstated the arbitrator's award, affirming that potentialities must be evaluated by the arbitrator from available materials.

HAJI MOHAMMAD EKRAMUL HAQ vs THE STATE OF WEST BENGAL · Niyam