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september 1968

Supreme Court of India · 1968-09-06

MUNICIPAL CORPORATION, INDORE vs SHRI K.N. PALSHIKAR, INDORE

Citation / case number
SC 1965/280
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPORATION, INDORE
Respondent
SHRI K.N. PALSHIKAR, INDORE
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that under Section 305 of the Madhya Bharat Municipal Corporation Act, 1956, the Corporation cannot withdraw from acquisition proceedings once the requisite conditions are met, resulting in automatic vesting of land. The Court affirmed the Additional District Judge's award of a 15% solatium in addition to compensation, referencing the case of Borough Municipality of Ahmedabad v. Yavendra Vajubhai Divatis. Furthermore, the High Court was correct in its refusal to reassess the sufficiency of compensation under Section 392, as it does not extend to determining questions of fact.

MUNICIPAL CORPORATION, INDORE vs SHRI K.N. PALSHIKAR, INDORE · Niyam