The High Court numbered that the Reference Court relied upon earlier award but it was challenged and the case was before this Court Supreme Court .
Thus the claimants companytention was upheld and the companypensation was awarded.
The claimant demanded an amount of Rs.20.00 per square yard for the land.
It is number in dispute that possession of land was taken over on November 16, 1965.
The High Court also companymitted similar error and hence the order passed by Reference Court and companyfirmed by the High Court deserves to be set aside by allowing the appeals.
By the said order, the High Court companyfirmed the order passed by the Reference Court on May 31, 1993 in LAC Nos.
To appreciate the grievance of the appellant, it is necessary to state few facts.
A preliminary numberification under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act was issued on March 26, 1965.
The said order was companyfirmed by the High Court which has been challenged in the present appeals.
The High Court, therefore, thought it proper to set aside the order passed by the Reference Court and to remand the matter for fresh adjudication in accordance with law.
The land was sought to be acquired for expansion of New Government Electric Factory NGEF for short , Bangalore.
By that time, the matter had already been decided by this Court in Special Land Acquisition Officer, Bangalore v. B.M. Krishnamurthy, 1985 1 SCC The Reference Court, relying on B.M. Krishnamurthy held that the claimant was entitled to companypensation at the rate of Rs.18,000 per acre and the order was passed accordingly.
Since the claimant was number satisfied with the amount offered by the Land Acquisition Officer vide his award referred to above, she sought Reference under Section 18 of the Act and the Principal Civil Judge, Bangalore District vide his order dated May 31, 1972 enhanced the companypensation and awarded Rs.20.00 per square yard less Rs.3,000 per acre in view of the fact that though the land was having potentiality to companyversion for number agricultural use, numbersuch order of companyversion had been passed and it had companye in evidence that companyversion charge was Rs.3,000 per acre.
The Land Acquisition Officer, by an award dated October 25, 1965 awarded companypensation of Rs.8,000 per acre.
The matter was thus in a fluid situation.
The authorities, however, were aggrieved by the enhancement and approached the High Court by filing appeals.
The appellant Smt.
But it was submitted that the matter was decided by this Court on January 22, 1985 in B.M. Krishnamurthy and the said decision clearly helps the claimant.
Leave was granted by this Court on November 17, 2000 and the matter has been placed for final hearing.
We have heard learned companynsel for the parties.
It accordingly set aside the order passed by the Reference Court granting liberty to the parties to adduce further evidence and directed the Reference Court to decide it afresh in accordance with law.
33 of 1980 and 76 of 1980.
112 and 113 situate at village Byappanahalli.
After the remand, the Reference Court once again companysidered the matter on merits.
113 admeasures 1 acre and 1 gunta.
Sharadamma, widow of B.M. Venkataswamappa is the owner of land bearing Survey Nos.
1387 of 1994 and 1376 of 1994.
K. THAKKER, J. The present appeals arise out of a companymon judgment and order passed by the High Court of Karnataka at Bangalore on October 12, 1998 in MFA Nos.
The learned companynsel for the appellant companytended that the Reference Court had companymitted an error in number awarding companypensation at the rate of Rs.20 per square yard which had been done earlier by an order dated July 31, 1972.
