LAND ACQUISITION OFFICER Vs. CHANDRASEKARAGOWDA

JUDGEMENT

(1.) This Miscellaneous First Appeal by the Land Acquisition Officer, Gadag, is directed against the Judgment and award dated 29-11-1982 made by the Civil Judge, Gadag, in Land the Learned Civil Judge, is vitiated because notice was not issued to the Agricultural Produce Market Committe, Gadag. 7. Section 20(c) of the Karnataka Land Acquisition Act reads: "Service of notice - The Court shall thereupon cause a notice, specifying the day on which the Court will proceed to determine the reference, and directing their appearance before the Court on that day, to be served on the following persons, namely. XX XX XX XX (c) if the acquisition is not made for Government, the person or authority for whom it is made."

(2.) The Supreme Court of India, elucidating Clause (c) of Section 20 of the Karnataka Land Acquisition Act has observed in N.G.E.F. Ltd. -v.- State of Mysore and others in para-3 of the Judgment thus :

(3.) Similar arguments were addressed before us by the Learned Counsel appearing for the Agricultural Produce Market Committee, Gadag for whom the acquisition of land was made. No notice was sent to the Agricultural Produce Market Committee, Gadag, and the Learned Civil Judge in the absence of the concerned party and without notice to the concerned party has enhanced the compensation awarded by the Land Acquisition Officer at Rs. 89.467.88P., to Rs. 10,00,627.60P. In the circumstances, it is obvious that the Learned Civil Judge has failed to perform the imperative duty cast on him in issuing the notice to the person for whom the acquisition was made, on the facts of the present case, to the Agricultural Produce Market Committee, Gadag and hence, we are left with no alternative but to set aside the Judgment and award and remit the case back to the Learned Civil Juge, for fresh hearing.