Karnataka High Court
Smt. Shivamma vs The Special Land Acquisition Officer on 6 August, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:31884
MSA No. 83 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO. 83 OF 2020 (LA)
BETWEEN:
1. SMT. SHIVAMMA,
W/O LATE NAGANNA,
AGE 67 YEARS,
2. SHIVARUDRAPPA,
S/O LATE NAGANNA,
AGE 54 YEARS,
3. BASAVARAJAPPA,
S/O LATE NAGANNA,
AGE 51 YEARS,
4. SAVITHA,
D/O LATE NAGANNA,
AGE 45 YEARS,
5. SHEELA,
Digitally
signed by D/O LATE NAGANNA,
MALATESH AGE 43 YEARS,
KC
Location: 6. MAHADEVAPPA,
HIGH S/O LATE NAGANNA,
COURT OF AGE 41 YEARS,
KARNATAKA
7. JYOTHI,
D/O LATE NAGANNA,
AGE 37 YEARS,
ALL ARE R/AT ANAGATTI VILLAGE,
ANTHARASANTHE HOBLI,
H.D. KOTE TALUK,
MYSORE DISTRICT - 570 034.
...APPELLANTS
(BY SRI. VEERABHADRA SWAMY H.P, ADVOCATE)
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NC: 2024:KHC:31884
MSA No. 83 of 2020
AND:
THE SPECIAL LAND ACQUISITION OFFICER,
ASSISTANT COMMISSIONER,
HUNSUR SUB-DIVISION,
HUNSUR - 560 024.
...RESPONDENT
(BY SRI. T.P. MALIPATIL, AGA)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD
DATED 14.03.2019 PASSED IN LACA 208/2013 ON THE FILE OF
THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MYSURU SITTING AT HUNSUR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND AWARD DATED 01.10.2008
PASSED IN LAC.No.118/2013 ON THE FILE OF THE CIVIL
JUDGE (SR.DN) HUNSUR, DISMISSING THE REFERENCE
PETITION FILED UNDER SECTION 18 OF THE LAND
ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Heard Sri.Veerabhadra Swamy H., learned counsel
for the appellants and Sri.T.P.Malipatil, learned Additional
Government Advocate for the respondent.
2. Appellants are the legal representatives of
Naganna. Land of Naganna was acquired by the
respondent and compensation was determined by the
Land Acquisition Officer (LAO).
NC: 2024:KHC:31884
3. Being not satisfied with the said compensation
amount, Naganna after receiving the adjudged
compensation amount under protest, filed an application
under Section 18(3)(b) of the Land Acquisition Act
requesting the Court to refer the matter to the Civil Court
within 90 days.
4. By order dated 14.09.1993, application filed by
Naganna was allowed and respondent - Land Acquisition
Officer was directed to file necessary reference before the
competent Court under Section 18 of the Land Acquisition
Act.
5. However, when no such application was filed,
Naganna himself filed LAC No.118/2003 under Section 18
of the Land Acquisition Act.
6. Learned Judge by order dated 01.10.2008,
dismissed the same on the ground that the application
filed under Section 18 of the Land Acquisition Act is barred
by time.
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7. Thereafter, legal representatives of Naganna
filed an appeal before the First Appellate Court in LAC
Appeal No.208/2013.
8. Learned Judge in the First Appellate Court
dismissed the appeal of the appellants on the ground that
the application filed under Section 18 of the Land
Acquisition Act is barred by time.
9. On such perusal of the material on record,
especially the protest petition that has been filed by the
petitioner was well within time.
10. In this regard, endorsement dated 23.08.2008
is filed along with the memo. So also the application filed
under Section 18(3)(b) of the Land Acquisition Act in LAC
No.694/1991 and order passed thereon dated 14.09.1993.
As such, it was incumbent on the part of the Land
Acquisition Officer to refer the matter to the Civil Court
under Section 18 of the Land Acquisition Act in pursuant to
the order dated 14.09.1993 in LAC No.694/1991.
11. Because of the mistake of the Land Acquisition
Officer, the appellants cannot be made be made to suffer.
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12. Accordingly, a case is made out to set aside the
order passed by the reference Court confirmed by the First
Appellate Court in LAC No.118/2003 and LAC Appeal
No.208/2013.
13. Hence, the following:
ORDER
i. Appeal is allowed.
ii. Order dated 01.10.2008 in LAC No.118/2003
and LAC Appeal No.208/2013 is hereby set
aside.
iii. The matter is remitted to the reference Court
for fresh disposal in accordance with law
treating that the petition is in time and
determine the compensation in accordance
with law.
Sd/-
(V SRISHANANDA)
JUDGE
KAV
