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.