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1972 Supreme(SC) 263

K.S.HEGDE, A.N.GROVER
Special Land Acquisition Officer – Appellant
Versus
K. S. Ramachandrarao – Respondent


Advocates:
M.VIRAPPA, R.B.DATAR

Judgment

HEGDE, J.:- This appeal has been brought up by Special Leave by the Special Land Acquisition Officer, S.V.H. Electric Project, Shimoga District. The lands acquired under the present proceedings were originally Government lands. They had been granted to the Respondents subject to the condition that if it becomes necessary for Government to take possession of the lands for any public purpose then no compensation will be paid to them. Despite that condition the Government notified these lands for acquisition under Section 4 of the Land Acquisition Act. During the land acquisition proceedings, the Respondents claimed compensation for the lands in question. The Land Acquisition Officer valued the compensation payable to the Respondents at Rs.19,265.37 paise but he declined to make an Award in respect of the same in view of the condition attached to the original grant. Thereafter the matter was referred to the Additional District Judge Shimoga under Section 18 of the Land Acquisition Act, at the instance of the Respondents. The learned District Judge came to the conclusion that the Respondents were entitled to get the compensation determined by the Land Acquisition Officer. Aggri




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