The Special Land Acquisition Officer, Mysore Urban Development Authority vs Madappa

D.V. Shylendra Kumar, J.—This appeal u/s 54(1) of the Land Acquisition Act, 1894 is by the Special Land Acquisition Officer, Mysore Urban Development Authority, Mysore and is directed against the Judgment and Award dated 1-3-2010 passed in LAC No. 321 of 2005 on the file of the Court of the I Additional Civil Judge (Senior Division) and CJM at Mysore. The appellant is aggrieved as the Reference Court has enhanced the compensation payable in respect of the land acquired from the respondent from Rs. 1,25,000/- per acre as determined by the Land Acquisition Officer to Rs. 10,61,000/- per acre.

Notice had been issued to the respondent-landowner whose land had come to be acquired by Mysore Urban Development Authority and is represented by Counsel M/s. Sridhar C.K. and Hemalatha.

Sri Vivekananda, learned Counsel for the appellant-authority submits that this Court has in MFA No. 4464 of 2011 disposed of on 5-2-2013 and following the earlier judgment of this Court in MFA No. 7564 of 2008, has set aside such orders of the Reference Court and remanded the matter in the wake of the earlier judgment of the Supreme Court in the case of Suresh Kumar Vs. Town Improvement Trust, Bhopal, that the present appeal is not any different; that the market value of the acquired land has to be determined in the light of the guidelines issued by the Supreme Court in Suresh Kumar''s case.

Ms. Hemalatha, learned Counsel for respondent-landowner does not dispute this position and submits that the matter may be remanded; that even while the judgment and award of the Reference Court was set aside, the appellant-authority had been directed to tentatively deposit 50% of the amount as had been determined by the Reference Court on reference application pending determination by the Reference Court in the wake of the remand order passed by this Court.

In view of this position, this appeal is allowed.

The judgment and award under appeal is set aside, the matter is remanded to the Reference Court for fresh determination of the market value of the land acquired from the respondent-landowner, keeping in view the guidelines issued by the Supreme Court on this aspect.

The appellant to deposit 50% of the value as determined by the Reference Court after giving credit to the amount if any already in deposit and balance if any to be deposited within four weeks from today as ordered on the earlier occasion.

The respondent-landowner is permitted to draw the amount subject to the outcome of the proceedings before the Reference Court on remand.

In view of the remand order and as requested by Sri Vivekananda, learned Counsel for the appellant, Court fee paid on this memorandum of appeal is directed to be refunded, in accordance with law. In view of the remand of the matter, the application for stay filed in this appeal does not survive for consideration and hence it is dismissed.