UNION OF INDIA AND ORS. Vs. KASSAPPA MADIVALLAPPA KULKARNI
LAWS(SC)-1985-1-34
SUPREME COURT OF INDIA
Decided on January 14,1985

Union of India and Ors. Appellant
VERSUS
Kassappa Madivallappa Kulkarni Respondents

JUDGEMENT

- (1.) We are of the view that the High Court was in error , in holding that the Union of India for whose benefit the acquisition was made by the 30 State Govt, was not entitled to prefer an appeal against the Award made by the Civil Judge fixing the market value at Rs. 12,000/- per acre. Since the acquisition was made for the Construction of Civil Aviation at Sambra, the Union of India which admittedly was to put up the construction and which was the party ultimately liable to pay compensation, was clearly interested in the determination of the amount of compensation payable to the respondents and was therefore entitled to appeal against the award. But even though we are taking the view that the Union of India was entitled to prefer an appeal against the award of the learned Civil Judge, we do not see any reason to interfere with the Award. We do not think that any useful purpose would be served by setting aside the order of the High Court and remanding the appeal to the High Court for disposal in accordance with law since the market rate awarded by the learned Civil Judge appears us to be just, reasonable and fair. We accordingly reject the special leave petition. Dismissing the petition.;


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