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1986 Supreme(Del) 116

N.N.GOSWAMY, D.K.KAPUR
INDRAPRASTHA ICE AND COLD STORAGE LIMITED,NEW DELHI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Rajinder Mathur, RAMESH CHANDRA, REKHA SHARMA, V.B.ANDLEY

D. K. KAPUR, J.

( 1 ) THIS is an appeal under the provisions of the Land Acquisition Act arising as a result of the reference made under S. 18 of the Land Acquisition Act to the Additional District Judge. The appellant before us is M/s. Indraprasthan Ice and Cold Storage, which was running its business in a large plot of land belonging to Surender Dev Gaur and another, respondents 2 and 3. A part of the land, which was leased out to the appellant, was acquired by the Government under the Land Acquisition Act which resulted in an award by the Land Acquisition Collector dated 28th Oct. , 1961. The compensation was assessed at Rs. 4,625 per sq. yard. The appellant had claimed compensation for cost of boundary wall, cost of levelling the plot, taxes and damages for the remaining portion of the lease i. e. 32 years and additional claim for loss of goodwill. In any event, what the Land Acquisition Collector found was that some portion of the compensation had to be given to the appellant and he observed that the general practice was to give compensation in the ratio of 7 : 1 between the owners and the tenant. Accordingly l/8th of the compensation was directed to be paid to the appellant.




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