Limbraj & ANR. Vs.
Reg. Officer,M.I.D.C.,Maharashtra & Ors.  INSC 425 (26 February 2009)
JURISDICTION CIVIL APPEAL NO.6270 OF 2001 Limbraj & Anr. ...Appellant(s)
Versus Regional Officer, M.I.D.C., Maharashtra, & Ors. ...Respondent(s) O R
D E R Heard learned counsel for the parties.
This appeal has been
filed against the impugned judgment of the Bombay High Court [Aurangabad Bench]
dated 14th November, 2000 in First Appeal No.106 of 2000.
Since the facts have
been given in detail in the impugned judgement of the High Court, it is not
necessary to refer to the same here.
Shri Shekhar Naphade,
learned counsel for the appellants, has, inter alia, submitted that the
potentiality of the land has not been considered while fixing the compensation
We have carefully
perused the judgment of the High Court and find that this argument qua
potentiality is correct. The High Court, in the impugned judgment, has not
considered the potentiality of the land. Hence, we set aside the impugned judgment
and remand the matter to the Bombay High Court for a fresh decision after
hearing the parties in accordance with law.
The civil appeal is,