LAWS(KAR)-2001-3-72

MUNIVENKATAPPA Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

Decided On March 27, 2001
MUNIVENKATAPPA Appellant
V/S
COMMISSIONER,BANGALORE DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) THIS Appeal is by the claimants/land owners of land in Sy. No. 44 of Nagavar Village, Bangalore North Taluk, in all measuring an extent of about 9 acres. The appellants have preferred this Appeal being aggrieved by dismissal of Misce. Application by the Court below which application had been filed to set aside the order of dismissal dated 30-9-1991 passed by the said Court in LAC No. 448/1990 for non-appearance and non-prosecution.

(2.) THE lands of the appellants had come to be acquired by the respondent-Bangalore Development Authority for its development scheme known as "hbr III Stage 'layout'. The Land Acquisition Officer had awarded compensation in respect of the acquired lands and the appellant being not satisfied by the quantum of compensation, had sought for reference to the Civil Court under S. 18 (3) (b) of the Land Acquisition Act, seeking for enhancement of the compensation amount.

(3.) THE said reference had been numbered as LAC. 448/1990 on the file of the Court of II Addl. City Civil Judge, Bangalore. The appellants were prosecuting the reference through their Power of Attorney Holder Sri H. M. Hullrappa.