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PETITIONER: HAJI MOHAMMAD EKRAMUL HAQ
Vs.
RESPONDENT: THE STATE OF WEST BENGAL
DATE OF JUDGMENT: 16/12/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. IMAM, SYED JAFFER DAS, S.K.
CITATION: 1959 AIR 488 1959 SCR Supl. (1) 922
ACT: Requisition-Compensation-Potential value of Property---- Defence of India Act, s.19 -Land Acquisition Act, 1894 (1 of 1894), S. 23.
HEADNOTE: The four storied premises in suit belonging to the appellant were requisitioned by the respondent for the purposes of the Controller of Army Factory Accounts who already had his office in a neighbouring house. The arbitrator, to whom the question of compensation was referred, awarded compensation of Rs. 2,581,-8-0 according to the rent prevailing in the locality for similar buildings with similar accommodation and amenities. This included an additional award of 10%‘ for the potentialities of the premises consisting of the special value of the premises for the Controller, the indefinite period of the requisition and additional burden on the lift. On appeal by the appellant the 923 High Court held the compensation to be Rs. 2,773/- per mensem. It rejected the additional award of 10% for potential value. Held, that the High Court was wrong in ignoring the poten- tial value of the premises which had been evaluated at 10% by the arbitrator. The principles for the award of...