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CASE NO.: Appeal (civil)  1739 of 2008

PETITIONER: Special Land Acquisition Officer

RESPONDENT: Mahadevappa Narayansingh Rajput

DATE OF JUDGMENT: 04/03/2008

BENCH: C.K. THAKKER & D.K. JAIN

JUDGMENT: JUDGMENT                               O R D E R (Arising out of SLP(C) No. 17787/2006)           Leave granted.

       We have heard learned counsel for the parties.

       The present appeal is directed against the judgment and order passed by the High  Court of Karnataka on March 28, 2005 in MFA No.1532 of 2001.  The High Court  while disposing of the appeal observed in the order impugned in the present appeal  that it was argued on behalf of the complainant that the property was situated in the  heart of Bagalkot township.  The value of the area should be assessed at Rs.100/- per  sq.ft.  The High Court also noted that according to the Government Advocate,  reasonable rate would be Rs.16.25 per sq.ft.

         After noting the above two contentions of the respective parties, the High Court  disposed of the matter by coming to the following conclusion:

       "After considering the material and  argument, it is just  and reasonable that the rate of vacant area per sq.ft. assessed at  Rs.50/-.  The claimant is entitled to a compensation of Rs.1108250/-  with necessary statutory benefits.  The compensation awarded

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in respect of the structure is confirmed.  Accordingly, the appeal is  allowed."(Emphasis supplied)

       A bare reading of the above paragraph makes it clear that the High Court has  disposed of the appeal on the basis of so called "material" and "arguments"  that since  the claim of the claimant was Rs.100/- per sq.ft.and the Government’s stand was  Rs.16.25 per sq.ft., it would be \023just and reasonable\024 to award at the rate of Rs.50/-   per sq.ft to the complainant.

         But there is no discussion of the ’material’ or ’arguments’

        Without observing anything on the merits of the case, the appeal deserves to be  allowed only on this ground.  The order of the High Court is set aside.   

       No doubt, the learned counsel for the claimant contented that looking to the materia l  which is on record, it is a fit case to award compensation at the rate of Rs.50/- per  sq.ft.  But in view of the fact that the High Court has not considered the matter and  passed a ’cryptic’ order, we remit the matter back to the High Court and request  the

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High Court to dispose of the case as expeditiously as possible.         The appeal is, accordingly, allowed.  No costs.