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1998 Supreme(SC) 766

V.N.KHARE, B.N.KIRPAL, A.S.ANAND
Municipal Council, Khurai – Appellant
Versus
Krishi Upaj Mandi Samiti – Respondent


Order

This appeal by special leave is directed against the judgment and order of the High Court of Madhya Pradesh at Jabalpur dated 8th Janu­ary, 1995.

2. The only question for consideration is whether the respondent/Market Committee was liable to pay any compensation to the Municipal Council for the land comprising in Khasra No. 412/2, which was transferred by the Municipal Council to the Market Committee, since that land was earlier also being used for the purpose of the Market Committee by the Municipal Council.

3. The land in question is located in Khasra No. 412/2 and measures about 7 acres. It was acquired by the Municipal Council under a gift from Seth Mohan Lal for a public purpose, namely - to establish a grain market in the year 1912. This land, alongwith some other land and buildings was transferred to the Market Committee. Appellant demanded compensation for the land and buildings. The Market Committee chal­lenged the demand through a writ petition. The writ petition was allowed and the case remanded to the Collector for determination of compensation. The Collector determined compensation for the land and buildings including the land comprising in Khasra No. 412/2. The ord
















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