Special Land Acquisition Officer Mysore Urban Development Authority v. Madappa
2013-02-27
B.SREENIVASE GOWDA, D.V.SHYLENDRA KUMAR
body2013
DigiLaw.ai
Judgment :- 1. This appeal under section 54[1] of the Land Acquisition Act, 1894 is by the Special Land Acquisition Officer, Mysore Urban Development Authority, Mysore and is directed against the Judgment and Award dated 1.3.2010 passed in LAC No.321/2005 on the file of the court of the I Additional Civil Judge [Sr. Dn.,] & CJM at Mysore. 2. The appellant is aggrieved as the reference court has enhanced the compensation payable in respect of the land acquired from the respondent from Rs.1,25,000/-per acre as determined by the Land Acquisition Officer to Rs.10,61,000/- per acre. 3. Notice had been issued to the respondent -land owner whose land had come to be acquired by Mysore Urban Development Authority and is represented by counsel M/s. Sridhar C K & Hemalatha. 4. Sri. Vivekananda, learned counsel for the appellant -authority submits that this court has in MFA No.4464/2011 disposed of on 5.2.2013 and following the earlier Judgment of this court in MFA No.7564/2008, has set aside such orders of the reference court and remanded the matter in the wake of the earlier Judgment of the Supreme Court in the case of 'SURESH KUMAR v. TOWN IMPROVEMENT TRUST, BHOPAL'reported in AIR 1989 SC 1222 ; that the present appeal is not any different; that the market value of the acquired land has to be determined in the light of the guidelines issued by the Supreme Court in SURESH KUMAR's case [supra]. 5. Ms. Hemalatha, learned counsel for respondent -land owner does not dispute this position and submits that the matter may be remanded; that even while the Judgment and Award of the reference court was set aside, the appellant - authority had been directed to tentatively deposit 50% of the amount as had been determined by the reference court on reference application pending determination by the reference court in the wake of the remand order passed by this court. 6. In view of this position, this appeal is allowed. 7. The Judgment and Award under appeal is set aside, the matter is remanded to the reference court for fresh determination of the market value of the land acquired from the respondent - land owner, keeping in view the guidelines issued by the Supreme Court on this aspect. 8.
6. In view of this position, this appeal is allowed. 7. The Judgment and Award under appeal is set aside, the matter is remanded to the reference court for fresh determination of the market value of the land acquired from the respondent - land owner, keeping in view the guidelines issued by the Supreme Court on this aspect. 8. The appellant to deposit 50% of the value as determined by the reference court after giving credit to the amount if any already in deposit and balance if any to be deposited within four weeks from today as ordered on the earlier occasion. 9. The respondent - land owner is permitted to draw the amount subject to the outcome of the proceedings before the reference court on remand. 10. In view of the remand order and as requested by Sri. Vivekananda, learned counsel for the appellant, court fee paid on this memorandum of appeal is directed to be refunded, in accordance with law. 11. In view of the remand of the matter, the application for stay filed in this appeal does not survive for consideration and hence it is dismissed.