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2016 Supreme(SC) 396
SUPREME COURT OF INDIA
ANIL R. DAVE, ADARSH KUMAR GOEL, JJ.
Bangalore Development Authority – Appellant
Vs.
D.N. Gopalakrishna Reddy – Respondent
Civil Appeal Nos. 970-975 of 2009
Decided On : 09-02-2016
The legal effect of compensation and possession of land is crucial in determining the outcome of the dispute.
Headnote:
Possession - Land Dispute - The court remitted the matter to the High Court for fresh consideration after finding a dispute regarding possession of the remaining land and the legal effect of compensation.
Fact of the Case:
There is a constructed house on an area measuring 40'x 60'. There is a dispute regarding possession of the remaining land and the legal effect of compensation.
Finding of the Court:
The court set aside the impugned judgment and remitted the matter to the High Court for fresh consideration in accordance with the present position of the land.
Issues: Dispute over possession of remaining land and legal effect of compensation.
Ratio Decidendi: The High Court to decide the matter afresh after considering the present position of the land in question.
Final Decision: The civil appeals are disposed of as allowed. No order as to costs. Pending application, if any, stands disposed of.
JUDGMENT :
Anil R. Dave, J.
1. Heard the learned counsel for the parties.
2. It is an admitted fact that there is a constructed house on an area admeasuring 40'x 60'.
3. So far as the remaining land is concerned, there appears to be some dispute whether possession of the said remaining land has been taken by the appellant and as to whether compensation in respect of the entire land is paid and its legal effect.
4. In these circumstances, we set aside the impugned judgment and remit the matters to the High Court so that the High Court, after hearing the learned counsel for the parties and after considering the present position of the land in question, can decide the matter afresh in accordance with law.
5. The parties shall appear before the High Court on 14th March, 2016 so that the High Court can fix the date on which the matter can be finally disposed of.
6. The parties shall maintain status quo till the High Court passes any further order.
7. In view of the above, the civil appeals are disposed of as allowed. No order as to costs. Pending application, if any, stands disposed of.
