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1990 Supreme(SC) 300

L.M.SHARMA, M.M.PUNCHHI
Neelagangabai – Appellant
Versus
State of Karnataka – Respondent


Advocates:
C.K.Suchitra, MOHAN V.KATARIA, N.D.B.RAJU, N.GANAPATHI, P.R.RAMASESHESH.S.PARIHARHAR, RAJESHWAR THAKUR

Judgment

SHARMA, J.:- This appeal by special leave is directed against the judgment of the High Court of Karnataka dated 4-3-1987 in W.P. No. 10292 of 1980 filed by the respondent No. 3, Hubli Dharwar Municipal Corporation, setting aside an award made under the Land Acquisition Act, 1897 in respect of the compensation payable to the present appellants and directing to reopen the proceeding before the civil court on a reference under Section 18 of the Act, for fresh disposal in accordance with law. The appellants were the owners of the land in question. In a proceeding under the Urban Land (Ceiling and Regulation) Act, 1976, the appellants were held to be having surplus land, which by virtue of the provisions of the Act vested in the State Government. However, before the publication of the aforesaid declaration in the official gazette, steps for acquisition were taken for meeting the requirements of the respondent-Corporation appellants thus escaped the consequences of the declaration made under the Ceiling and became entitled to the compensation payable in accordance with the provisions of the Land Acquisition Act. Steps were accordingly taken for determination of the compensation,









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