Karnataka High Court
Kamalabai W/O Veershetty vs The Special Land Acquisition ... on 27 June, 2022
Bench: S.Vishwajith Shetty
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
W.P.No.226158/2020 (LA-RES)
BETWEEN:
Kamalabai,
W/o Veershetty,
Age: 67 years,
Occ: Household,
R/o Village Madargaon,
Tq. Humnabad,
Dist. Bidar. ...PETITIONER
(By Sri Huske Suryakanth, Adv.)
AND:
The Special Land Acquisition
Officer, Karanja Project,
(BDR-GLB Rly. Line),
D.C.Office Complex,
Bidar - 585 401. ...RESPONDENT
(By Sri Shivakumar R.Tengli, AGA)
This writ petition is filed under Articles 226 & 227 of the
Constitution of India, praying to direct the respondent to dispose
of the application dated 30.06.2014 filed under Section 28(A) of
the Land Acquisition Act at Annexure-D and pay the enhanced
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compensation with all statutory benefits on the basis of
judgment of the Reference Court in LAC No.297/2011 dated
01.04.2014.
This petition coming on for Preliminary Hearing, this day,
the Court made the following:
ORDER
1. Petitioner, who claims to be the owner of land bearing Sy.
No.11 measuring 1 acre 11 guntas of Madargaon village,
Humnabad Taluk, has approached this Court seeking a writ of
mandamus directing the respondent to consider his application
filed under Section 28(A) of the Land Acquisition Act, 1894 (for
short, 'the Act').
2. Heard the learned Counsel for the petitioner as well as the
learned Additional Government Advocate for the respondent.
3. It is the case of the petitioner that his land bearing Sy.
No.11 measuring 1 acre 11 guntas was acquired for laying
Bidar-Gulbarga Railway line and a common award was passed
on 31.01.2007. Being not satisfied with the same, some of the
land owners had sought reference under Section 18 of the Act
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and the same is considered by the Reference Court in LAC
No.297/2011 which was disposed of on 01.04.2014. Thereafter,
on 30.06.2014, petitioner had filed an application under Section
28(A) of the Act to pay enhanced compensation in respect of his
land. Since the said application was not considered by the
respondent, petitioner is before this Court.
4. Learned Additional Government Advocate submits that if
the application is filed in time, the same will be considered in
accordance with law and appropriate orders will be passed
within a period of three months from the date of receipt of the
copy of the order.
5. Having regard to the aforesaid submission, I am of the
view that this writ petition could be disposed of by issuing
necessary directions. Accordingly, the following order:
6. The writ petition is disposed of. The respondent is directed
to consider the application dated 30.06.2014 at Annexure-D
filed by the petitioner under Section 28(A) of the Act and if the
said application is filed within the period of limitation, he shall
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pass appropriate orders on the same, as expeditiously as
possible, but not later than a period of three months from the
date of receipt of the certified copy of this order.
Sd/-
JUDGE
KK
