Judgement

S. K. DAS, J. : This appeal by the Special Land Acquisition Officer, Bangalore, has been brought to this Court on a certificate granted by the High Court of Mysore, and is from the decision of the said High Court dated 5th October 1953,* in a regular appeal from an order made by the 2nd Additional District Judge, Bangalore, on 18th September 1950, on a reference under S. 18 of the Land Acquisition Act (hereinafter referred to as the Act).

* A I R 1954 Mys. 71.

2. The facts so far as they are relevant to the appeal before us are these. An area of about 51,243 square yards of land was acquired by Government under Notification No. M. 11054 Med. 80-45-25 dated 16th April 1946, for development of the Appiah Naidu Maternity Home at Malleswaram, Bangalore City, into a Maternity Hospital. There were eight owners interested in the property acquired, out of whom two objected to the award made by the Special Land Acquisition Officer, now appellant before us. One of these two was T. Adinarayana Setty, a diamond merchant of Mysore City. Originally, he was the respondent before us, and on his death his son and legal representative has been brought into the record as the sole respondent t