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1976 (8) TMI 149 - SUPREME COURTDoes the City of Bangalore Improvement Act, 1945 applying the provisions of the Land Acquisition Act, 1894 to acquisitions of land in Bangalore require the determination of market value, for purposes of awarding compensation, on a date corresponding to the date of notification under Section 4 of the Acquisition Act or to the date corresponding to that of the notification under Section 6 of the Acquisition Act? Held that:- The Karnataka High Court had, however, not complied with provisions of Order 41, Rule 27 of the C.P.C. which require that an Appellate Courts should be satisfied that the additional evidence is required to enable them either to pronounce judgment or for any other substantial cause. It had recorded no reasons to show that it had considered the requirements of Rule 27, Order 41, of the C.P.C. we are of opinion that, the High Court should have recorded its reasons to show why it found the admission of such evidence to be necessary for some substantial reason. And if it found it necessary to admit it, an opportunity should have been given to the appellant to rebut any inference arising from its existence by leading other evidence. The result is that we allow these appeals and set aside the judgment and order of the Karnataka High Court and direct it to decide the cases afresh on evidence on record, so as to determine the market value of the land acquired on the date of the notification under section 16 of the Bangalore Act. It will also decide the question, after affording parties opportunities to lead necessary evidence, whether the judgment, sought to be offered as additional evidence, could be admitted. Appeal allowed.
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