2009 INSC 0445
                                    SUPREME COURT OF INDIA

                                                   Limbraj

                                                      Vs.

                                        Regional Officer, M.I.D.C

                                           C.A.No.6270 of 2001

                                (Markandey Katju and G.S. Singhvi JJ.)

                                                  26.02.2009

                                                   ORDER

1. Heard learned counsel for the parties.

2. This appeal has been filed against the impugned judgement of the Bombay High Court
[Aurangabad Bench] dated 14th November, 2000 in First Appeal No.106 of 2000.

3. 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.

4. 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 therefor.

5. We have carefully perused the judgement of the High Court and find that this argument
qua potentiality is correct. The High Court, in the impugned judgement, has not considered
the potentiality of the land. Hence, we set aside the impugned judgement and remand the
matter to the Bombay High Court for a fresh decision after hearing the parties in accordance
with law.

6. The civil appeal is, accordingly, allowed.

1  SpotLaw