Case Brief: Keshavadas Shridharao Savakar & Ors. v Assistant Commissioner & Land Acquisition Officer & Anr.

FACTS:
In confirmation to a notification issued under Section 4 (1) of the Land Acquisition Act an extent of 76 acres and 10 guntas of land situated in Gadag were acquired for Karnataka Housing Board. The Land Acquisition Officer determined the market value at Rs.35,000/- per acre and passed an award to that effect. Assailing the said quantum, the landowners filed a reference. The Reference Court on a detailed consideration of the matter fixed the market value of the acquired land at Rs.14,500/- per gunta, apart from granting other statutory benefits.
Being aggrieved by the order of the Reference Court, the claimants filed a Miscellaneous First Appeal before the High Court under Section 54 of the Land Acquisition Act. The High Court quashed the judgment under appeal and remanded the matter to the Reference Court.
ISSUE FOR CONSIDERATION:
The dispute, in the concerned case, is primarily over the quantum of the market value of the land acquired by the Government of Karnataka.
HELD:
The Hon’ble Court, after considering the facts and circumstances of the case and the long passage of time that has intervened, was of the opinion that the ends of justice will not be served if the impugned order of the High Court of remitting the controversy to the Reference Court at this stage is allowed.
The Court, in exercise of its jurisdiction under Article 142 of the Constitution, was of the view that the proposal of the landowners of agreeing to 75% deduction on the market value fixed by the Reference Court would meet the ends of justice. The Court, therefore, disposed of the appeals by directing the Housing Board to pay to the appellants the amount of compensation as fixed by the Reference Court after imposing a deduction of 75%. The appellants would   also be entitled to all the statutory benefits on the aforesaid amount. It was further asked by the Court that such    payment shall be made by the Karnataka Housing Board within a period of three months from date, failing which it will have to pay an additional interest of 9% from the date of expiry of the period of three months till the date of actual payment.