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The Assistant Commissioner,Gadag ... vs Mathapathi Basavannewwa And Others on 17 August, 1995

Per contra, learned counsel for the respondents submitted that the true essence of the resolutions and the purpose for which rental compensation was granted is sought to be over looked on the technical plea that the amount of rental compensation is not under the Act. Even if it is not under the Act, the spirit behind statutory prescriptions under Sections 17(3-A) and 23(1-A) read with Section 28 of the Act cannot be lost sight of. It was submitted that the decisions relied upon by the High Court in Gadag Sub- Division, Gadag v. Mathapathi Basavannewwa and Ors (1995 (6) SCC 355) and Executive Engineer, Irrigation Division v. Laghubhai Nanubhai and Ors. (1995 Supp (4) SCC 583) clearly indicate the logic of the claim made by the land owners and accepted by the High Court. The High Court took note of the fact that in some cases interest has been granted and therefore a departure cannot be made in respect of the present respondents.
Supreme Court of India Cites 4 - Cited by 46 - K Ramaswamy - Full Document
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