IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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 judgement 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 therefor.   

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.

The civil appeal is, accordingly, allowed.

......................J.       [MARKANDEY KATJU]

......................J.       [G.S. SINGHVI]

New Delhi, February 26, 2009.