SHARADAMMA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The present appeals arise out of a common judgment and order passed by the High Court of Karnataka at Bangalore on October 12, 1998 in MFA Nos. 1387 of 1994 and 1376 of 1994. By the said order, the High Court confirmed the order passed by the Reference Court on May 31, 1993 in LAC Nos. 33 of 1980 and 76 of 1980.

(2.) To appreciate the grievance of the appellant, it is necessary to state few facts.

(3.) The appellant Smt. Sharadamrna, widow of B. M. Venkataswamappa is the owner of land bearing Survey Nos. 112 and 113 situate at village Byappanahalli. Survey No. 112 admeasures 2 acres while Survey No. 113 admeasures 1 acre and 1 gunta. The land was sought to be acquired for expansion of New Government Electric Factory ('NGEF' for short), Bangalore. A preliminary notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on March 26, 1965. The claimant demanded an amount of Rs.20.00 per square yard for the land. The Land Acquisition Officer, by an award dated October 25, 1965 awarded compensation of Rs.8,000 per acre. It is not in dispute that possession of land was taken over on November 16, 1965. Since the claimant was not 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 compensation 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 conversion for non agricultural use, no such order of conversion had been passed and it had come in evidence that conversion charge was Rs.3,000 per acre. Thus the claimant's contention was upheld and the compensation was awarded. The authorities, however, were aggrieved by the enhancement and approached the High Court by filing appeals. The High Court noted that the Reference Court relied upon earlier award but it was challenged and the case was before this Court (Supreme Court). The matter was thus in a 'fluid situation'. 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. 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. After the remand, the Reference Court once again considered the matter on merits. By that time, the matter had already been decided by this Court in Special Land Acquisition Officer, Bangalore vs. B.M. Krishnamurthy, (1985) 1 SCC 469. The Reference Court, relying on B.M. Krishnamurthy held that the claimant was entitled to compensation at the rate of Rs. 18,000 per acre and the order was passed accordingly. The said order was confirmed by the High Court which has been challenged in the present appeals.