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Issues:
1. Right of appeal in the appellate forum of the High Court challenging the judgment and order of the High Court of Karnataka. 2. Interpretation of Section 25 of the Requisitioning Act regarding the maintainability of appeals against the rate of compensation determined by the competent authority under the Defence Act. 3. Validity of the objection to the maintainability of the appeals before the High Court. 4. Determination of the word "determination" in the context of the proviso of Section 25 of the Requisitioning Act. 5. Applicability of the right of appeal under Section 11 of the Requisitioning Act post the perishing of the Defence Act. Analysis: The Supreme Court of India addressed the issue of the right of appeal in the appellate forum of the High Court in the context of challenging a judgment and order of the High Court of Karnataka. The case involved lands requisitioned by the Union of India under the Defence of India Act, 1962, and subsequent compensation disputes. The Special Military Estates Officer filed appeals against the Arbitrator's orders in the High Court, which were dismissed on the grounds of maintainability. The Court delved into the historical background of the Defence Act and the Requisitioning Act, emphasizing the provisions related to requisitioning of immovable property and determination of compensation. The crux of the judgment revolved around the interpretation of Section 25 of the Requisitioning Act concerning the maintainability of appeals against the compensation determined under the Defence Act. The Court analyzed the language of the proviso in Section 25, particularly focusing on the term "determination." It differentiated between the determination of compensation under the Defence Act before January 10, 1968, and the period thereafter. The Court concluded that post-January 10, 1968, the compensation rate was subject to appeal under the Requisitioning Act, providing a right of appeal for the period following the perishing of the Defence Act. The Court scrutinized the objection raised regarding the maintainability of the appeals before the High Court and disagreed with the High Court's view. It emphasized that the legislature, through Section 25 of the Requisitioning Act, implicitly allowed for the right of appeal concerning the rate of compensation for properties under requisition post-January 10, 1968. Consequently, the Court partially allowed the appeals and remitted the cases back to the High Court of Karnataka for further proceedings in accordance with the law, without making any orders as to costs. In conclusion, the Supreme Court's judgment clarified the right of appeal in the context of compensation disputes post the perishing of the Defence Act, providing a comprehensive interpretation of the relevant legal provisions and setting a precedent for future cases involving similar issues.
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