SPECIAL LAND ACQUISITION OFFICER, BANGALORE versus SRI DYAVAPPA AND ORS.

SPECIAL LAND ACQUISITION OFFICER, BANGALORE versus SRI DYAVAPPA AND ORS.

The High Court’s confirmation of Reference Court's award based on comparable sale deed was justified as the lands were near Bangalore-Mysore Road and a factory, making them similarly situated. Fresh contentions not raised below or in appeal cannot be entertained by Supreme Court.

Parties
Appellant: Special Land Acquisition Officer, Bangalore; Respondents: Sri Dyavappa and Ors.
Jurisdiction
India
Judgment Date
29 August 1995
Procedural Posture
Civil Appeal / Final Decision
Outcome
appeals dismissed
Legal Topics
Compensation, Reference Court, Sale Deed Evidence, Enhancement of Compensation, Practice and Procedure
Land Acquisition Compensation Reference Court Sale Deed Evidence Enhancement of Compensation Practice and Procedure

Case Brief

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Parties

Special Land Acquisition Officer, Bangalore

Appellant

Sri Dyavappa and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Whether reliance on sale deed dated February 24, 1975 for determination of compensation was justified
  2. 2 Whether compensation for phot-kharab land at same rate as agricultural land was permissible

Ratio Decidendi

The High Court’s confirmation of Reference Court's award based on comparable sale deed was justified as the lands were near Bangalore-Mysore Road and a factory, making them similarly situated. Fresh contentions not raised below or in appeal cannot be entertained by Supreme Court.

Court Disposition

appeals dismissed

Orders

  • No costs