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1976 Supreme(SC) 334

P. N. SHINGHAL, A. N. RAY, M. H. BEG
Special Land Acquisition Officer, City Improvement Trust Board, Mysore – Appellant
Versus
P. Govindan – Respondent


Advocates:
H.S.PARIHAR, I.M.SHROFF, K.R.J.Vagaraja, P.N.PURI

JUDGMENT

BEG, J. :—The judgment of a Division Bench of the Mysore High Court under appeal before us, after certification of the case as fit for an appeal to us, follows the decision of a Full Bench of that Court in Venkatamma v. Special Land Acquisition Officer, AIR 1972 Mys 193 (FB). The Full Bench had held that the date for the determination of compensation under the provisions of Section 23 (1) of the Land Acquisition Act, which was to be applied to acquisitions under the City of Mysore Improvement Act 3 of 1903 (hereinafter referred to as the Mysore Act) was the date of notification under Section 18 of the Act corresponding to Section 6 of the Acquisition Act.

2. Recently, we have had to deal with a case in which the provisions of the City of Bangalore Improvement Act, 1945, corresponding substantially with those of the Act now before us, were interpreted by us. The provisions of Sections 14, 16, and 18 of the Mysore Act of 1903, as well as the Bangalore Act of 1945 are identical. And, the provisions of Section 23 of the Mysore Act are identical with those of Section 27 of the Bangalore Act. Therefore, a Division Bench of the Karnataka High Court considered itself bound by the F














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