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Issues involved: Interpretation of provisions of the Land Acquisition Act and the City of Mysore Improvement Act, determination of compensation date, applicability of Full Bench decisions.
Interpretation of provisions of Land Acquisition Act and City of Mysore Improvement Act: The Supreme Court considered the interpretation of provisions of the City of Mysore Improvement Act 3 of 1903 and the Land Acquisition Act. It was noted that the provisions of the Mysore Act and the Bangalore Act of 1945 were identical, and the Court had previously dealt with a similar case involving the Bangalore Act. The Court emphasized that the provisions of the Mysore Act should be followed as they exist at the time of acquisition proceedings, without a vested right in a particular procedure. The Court held that the market value for acquisition under the Mysore Act should be determined with reference to the provisions of the Land Acquisition Act as they exist at the time of the acquisition proceedings. Determination of compensation date: The main argument in the appeal was regarding the determination of compensation date under Section 23 of the Mysore Act. The Court analyzed the changes in the provisions over time, particularly the amendment in 1927 which substituted the date of notification under section 4(1) of the Acquisition Act for the previous date under section 6. The Court held that the market value of the property acquired had to be determined with reference to the date of notification under Section 16 of the Mysore Act. It emphasized that the procedure under the unamended Act may have had relevance for earlier acquisition proceedings but for current proceedings, the compensation should be determined based on the provisions of the Acquisition Act as they exist at the time of the acquisition. Applicability of Full Bench decisions: The Court discussed the Full Bench decision of the Mysore High Court and its application to the interpretation of the Bangalore Act of 1945. It was noted that the Full Bench decision equated a declaration under section 18 of the Act with section 6 of the Acquisition Act, leading to the argument that the market value should be determined with reference to the Acquisition Act as it stood in 1903. However, the Supreme Court held that the provisions of Section 23 of the Mysore Act should be followed based on the current provisions of the Land Acquisition Act, with any deviations expressly laid down in the Mysore Act. The Court set aside the judgment of the Mysore High Court and remanded the case for determination of the market value in accordance with the law as declared by the Supreme Court.
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