SHOBA PRABHAKARAN W/O PRABHAKARAN Vs. THE SPECIAL LAND ACQUISITION OFFICER, LAO KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD MYSORE

JUDGEMENT

(1.) I have heard Sri. M.S. Rajendra Prasad, learned Senior Counsel for appellant and Sri Sathya Prabha, learned Counsel for respondent. I have been taken through the impugned award. At the instance of appellant, there was a reference under Section 30 of the Act relating to payment of compensation for acquisition of land bearing Sy. No. 138/6 of Mandakalli village. The learned trial Judge has rejected the claim of appellant on the ground that Ex.R -1 is an incomplete document. The learned Judge of the Reference Court has not gone through the contents of Ex.R -1. The learned Judge has held that document marked as Ex.R -2 does not bear any date though in the document, it has been stated that document was written on 16.2.1981. These were the documents relied upon by appellant. This apart, the learned Judge of the Reference Court has pronounced judgment after a period of one year without assigning reasons for extending time for pronouncement of judgment. This would betray lack of application by the learned Judge of the Reference Court. Therefore, I am of the opinion that the matter requires reconsideration.

(2.) IN the result, I pass the following order: The appeal is accepted. The impugned award is set aside. The matter is remanded for re -consideration in the light of the observations made herein and in accordance with law within a period of six months from today. In view of the remand order, the Court fee paid on this appeal shall be refunded to appellant.