Karnataka High Court
Smt. K Sayirani vs The Land Acquisition Officer on 21 March, 2025
Author: R Devdas
Bench: R Devdas
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NC: 2025:KHC:11952
CRP No. 778 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
CIVIL REVISION PETITION NO. 778 OF 2024
BETWEEN:
SMT. K SAYIRANI,
W/O P. KRISHNA SWAMY,
AGED ABOUT 71 YEARS,
R/AT NO. 5 AND 12,
1ST AVENUE, 4TH MAIN, SHUBENCLAVE,
HARALURU ROAD,
BANGALORE - 560 102.
...PETITIONER
(BY SRI. P.V. CHANDRASHEKAR, ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER
Digitally signed BENGALURU DEVELOPMENT AUTHORITY,
by KRISHNAPPA T.CHOWDAIAH ROAD,
LAXMI YASHODA
BENGALURU - 560 020.
Location: HIGH
COURT OF
KARNATAKA 2. THE COMMISSIONER,
THE BENGALURU DEVELOPMENT AUTHORITY,
T.CHOWDAIAH ROAD,
BENGALURU - 560 020.
...RESPONDENTS
(BY SRI. S.G. HEGDE, ADVOCATE)
THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST
THE JUDGMENT DATED 14.10.2024 PASSED IN
LAC NO.41/2021 ON THE FILE OF II ADDITIONAL CITY CIVIL
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NC: 2025:KHC:11952
CRP No. 778 of 2024
AND SESSIONS JUDGE, BENGALURU, DISMISSING THE
PETITION FILED UNDER SEC. 18(3)(b) OF LA ACT 1894.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned counsel for the petitioner is aggrieved of the
impugned order passed by the learned II Additional City Civil
and Session Judge and Special Judge, Bengaluru in LAC
No.41/2021, passed while considering the petition filed by the
petitioner herein under Section 18(3)(b) of the Land Acquisition
Act. The petition was filed by the petitioner seeking to refer
the petition filed by the petitioner on 22.01.2020 to the
reference Court for determination of proper market value. The
petition has been rejected.
2. The learned counsel for the petitioner submits that
it is an undisputed fact that in terms of sub-section (1) of
Section 28(A), any interested landowner who seeks benefit of
the award passed in respect of another landowner under the
same notification is required to file an application before the
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Deputy Commissioner in terms of Section 18 of the Land
Acquisition Act, 1894. It is also not disputed that an award was
passed in LAC No.65/2000 in respect of Sy.No.41/3A situated
at Deverabeesanahalli Village on 06.12.2019. The petitioner
herein filed an application on 22.01.2020 and the same is
acknowledged in terms of Ex.P2.
3. Having regard to the dates, it is very clear that the
application is within time. However, it has been disputed at the
hands of the respondents that the application was received in
the office of the Special Land Acquisition Officer. Learned
counsel for the petitioner has filed a memo dated 19.11.2024
along with a copy of the extract of the cross-examination of the
respondents witness. It is pointed out that the witness has
admitted that an acknowledgement has been issued in the
office of the Public Relations Officer of the Bangalore
Development Authority on 22.01.2020. But, it is stated that the
application has not been forwarded to the concerned Branch
namely the office of the Special Land Acquisition Officer.
Learned counsel would therefore submit that when it is
admitted that an acknowledgement for having received the
application filed by the petitioner has been given to the
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petitioner on 22.01.2020 in the office of the Public Relations
Officer of the Bangalore Development Authority and it is also
admitted by the witness that if such an application is given in
the office of PRO, the same will be forwarded to the concerned
branch, it is admitted that the application has been filed in the
office of the PRO, Bangalore Development Authority on
22.01.2020. For the mistake committed by the office of the
PRO in not forwarding the application to the Special Land
Acquisition Officer the petitioner, cannot be punished for the
same.
4. Learned counsel for the respondent-BDA does not
dispute the fact that in the cross-examination the witness of
the Bangalore Development Authority has admitted the fact
that an acknowledgement has been given to the petitioner on
22.01.2020 in the office of the PRO of the BDA for having
received the application filed by the petitioner.
5. In the considered opinion of this Court, having
regard to the facts obtained herein above, the learned Special
Judge should have allowed the petition while receiving the
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application/petition under Section 18(3)(b) of the Land
Acquisition Act.
6. Consequently, the CRP is allowed. The impugned
order dated 14.10.2024 in LAC No.41/2021 is hereby quashed
and set aside. The application filed by the petitioner under
Section 18(3)(b) is allowed and the first respondent-Land
Acquisition Officer is hereby directed to refer the matter for
determination to the Reference Court. The reference shall be
made as expeditiously as possible and at any rate within a
period of 4 weeks from the date of receipt of a copy of this
order.
Sd/-
(R DEVDAS)
JUDGE
DS
CT:TSM
