AIR 1994 SUPREME COURT 2385 ::1994 AIR SCW 2419 ::1994 (2) UJ (SC) 261 ::1994 (4) SCC 690 ::1995 (2) Bom CR 522 ::(1994) 3 SCR 823 (SC) ::1994 (3) SCR 823 ::(1994) 2 SCJ 459 ::(1994) 3 JT 535 (SC)

Supreme Court Of India

(From : ILR (1977) Bombay 128)

Hon'ble Judge(s): K. Ramaswamy, N. Venkatachala , JJ

(A) Bombay Municipal Corporation Act (3 of 1888) , S.301(1), S.298, S.299— Acquisition of land for public street - Compensation-Determination of-S.301(1) itself specifies principle of determination of compensation payable for land or building acquired under S. 298 or 299- It does not warrant determination of compensation according to market value of such building or land. ILR (1977) Bom 128, Reversed. Sub-Section (1) of Section 301 of the BMC Act itself, specifies the principle of determination of compensation payable for land or building acquired under either of the Section 298 or 299 thereof. Principle specified in sub-section (1) of Section 301 of the BMC Act for determination of compensation payable to the owners for their lands or buildings acquired under either of the Section 298 of 299 thereof, does not warrant determination of compensation according to market value of such building or land. what is to be paid by way of compensation for a land acquired under a Statute is what is required to be paid thereunder, by way of compensation for the acquired land and not payment of something by way of compensation which is not envisaged under the Statute. (B) Bombay Municipal Corporation Act (3 of 1888) , S.301(1), S.298, S.299— Acquisition of land or building - Determin....