Land Acquisition Officer, City Improvement Trust Board vs N. Nagappa (Dead) by Lrs and Others

The question before the Court as to whether for the purpose c ascertaining the market value, date c issue of the notification u/s 16 of the City of Bangalore Improvement Act, 1945 (Bangalore Act) is the relevant date for the purpose c valuation or whether the date of issue of the notification u/s 18 of the said Act is the material date for this purpose. This Court has taken the view that the date of issuance of the notification u/s 16 of the said Act would be the relevant date for the purpose of determining the marks value of the land in question having regard to the fact that Section 16 can be equated to Section 4(1) of the Lal Acquisition Act in the Land Acquisition Officer, City Improvement Trust Boar Bangalore v. H. Narayanaiah etc. El reported in AIR 1976 S.C. 2402. Since the point is covered in favour the appellant by the aforesaid decision, we allow the appeal, aside the judgment and order of the Karnataka High Court and remit to matter to the High Court with the direction to decide the matter afresh on evidence on record, so as to determine the market value of the land under acquisition as on the date of. the publication of the notification u/s 16 of the Bangalore Act. There will be no order as to costs.