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Karnataka High Court · body

2008 DIGILAW 176 (KAR)

Zarina Bi v. Special Land Acquisition Officer/Assistant Commissioner, Chitradurga Sub-Division

2008-03-11

N.K.PATIL

body2008
ORDER N.K. Patil, J. These revision petitions filed by petitioners are arising out of the common judgment and order dated 13th December 2007 passed by the Civil Judge (Sr. Dn) Challakere in LAC No.258/2002 (in C.R.P.No.57/2008) and in LAC No.259/2002 (in C.R.P. No.58/2007). (sic 58/2008). 2. Land in Sy.Nos.53 and 54 measuring 4.16 and 1.02 guntas situate at Vidupanakunte Village, Challakere Taluk, have been notified and acquired by the State through the respondent herein for the purpose of formation of ‘Railway line’ vide Preliminary Notification issued under Section 4(1) of the Land Acquisition Act and published in the Karnataka Gazette on 23.11.1989 and Final Notification was issued on 31.1.1991. The Land Acquisition Officer has passed the award on 19.12.1992. The award notice under Section 12(2) of the Land Acquisition Act has been issued and the same was served on the petitioners on 24.12.1994. Not being satisfied with the award passed by the Land Acquisition Officer, petitioners have filed an application under Section 18(1) of the Land Acquisition Act, requesting the respondent to refer the matter to the jurisdictional Civil Court for enhancement of compensation on the ground that the amount awarded by he respondent is inadequate. Be that as it may. The said 18(1) application filed by petitioners has been numbered as LAC No.41/1996 and LAC No.3/1996 on the file of the Civil Judge (Sr. Dn) Chitradurga. In view of the constitution of the Court of Civil Judge (Sr.Dn) at Challakere, the LAC Nos. 4/1996 and 3/1996 pending adjudication before the Civil Judge (Sr.Dn) Chitradurga have been transferred to the Civil Judge (Sr.Dn) Challakere and renumbered as LAC No.258 and 259 of 2007. The said matters had come for consideration before the Civil Judge (Sr.Dn) Challakere on 13th December 2007. The Reference Court, has dismissed the application filed by petitioners on the sole ground that, the Deputy Commissioner has not referred the matter within 90 days from the date of receipt of the application filed under Section 18(1) of the L.A. Act, without assigning any reasons and without application of mind and contrary to the relevant provisions of the Land Acquisition Act and the materials’ available on file. Being aggrieved by the common judgment and order passed by the Court below, petitioners herein felt necessitated to present the instant Civil Revision Petitions seeking appropriate relief as stated supra. 3. Being aggrieved by the common judgment and order passed by the Court below, petitioners herein felt necessitated to present the instant Civil Revision Petitions seeking appropriate relief as stated supra. 3. I have heard learned Counsel appearing for petitioners and learned Government Pleader appearing for respondent. 4. After careful perusal of the entire original records at threadbare and after going through the impugned common judgment and order passed by the Court below, it emerges that, the Court below has committed an error of law, much less material irregularity in proceeding to pass the said judgment and order. The Court below has not proceeded to pass the order strictly in accordance with the relevant provisions of the Land Acquisition Act and has proceeded to dismiss the applications filed by petitioners’ on the sole ground that, the Deputy Commissioner has not referred 18(1) applications filed by these petitioners seeking enhancement within the prescribed time. It is significant to note that, the Court below has specifically referred in para 10 of the order that, the Land Acquisition Officer has referred the matter to the Civil Court on 27.11.1995 and the Deputy Commissioner is under an obligation to refer the matter to Civil Court within 90 days from the date of receipt of the application filed under Section 18(1) of the L.A. Act for enhancement and he has not referred the matter within 90 days from the date of receipt of the said applications. Once the matters have been referred to the jurisdictional Civil Court for consideration of the applications filed under Section 18(1) of the Land Acquisition Act for enhancement, the question of once again referring the matter by the Deputy Commissioner to the Civil Court within 90 days from the date of the application does not arise. 5. Further, it is significant to note that, after microscopic evaluation of the original records available on file, it emerges that, in fact these petitioners have filed their application under Section 18(1) of the Land Acquisition Act for enhancement of compensation on 10-2-1995 and the same have been referred by the jurisdictional Land Acquisition Officer to the jurisdictional Reference Court on 27.11.1995. The jurisdictional Reference Court-Civil Judge (Senior Division) Chitradurga, has registered, the same in LAC No.4 and 3 of 1996 and the same is pending adjudication. The jurisdictional Reference Court-Civil Judge (Senior Division) Chitradurga, has registered, the same in LAC No.4 and 3 of 1996 and the same is pending adjudication. When the matter was pending adjudication, in view of the constitution of the Court of Civil Judge (Senior Division) at Challakere, and since the lands notified and acquired come within the jurisdiction of the said Court, the matter has been transferred to the said Court by the Civil Judge (Senior Division) Chitradurga. After receipt of the same, the learned Civil Judge (Senior Division) Challakere has assigned new Number to the same as LAC 258 and 259/2002. The Reference Court-Civil Judge (Jr. Dn.) Challakere has committed mis-carriage of justice in passing the impugned order without verifying the original records available on file. What it emerges after careful perusal of the order passed by the Court below is that, learned Civil Judge (Senior Division) Challakere has proceeded to pass the order without application of mind and contrary to the relevant materials available on file. Therefore, I am of the considered view that, at any stretch of imagination, the impugned judgment and order passed by the Court below cannot be sustained and it is liable to be set aside. 6. Having regard to the facts and circumstances of the case as stated above, the instant Civil Revision Petitions filed by petitioners are allowed in part. The common judgment and order dated 13th December; 2007 passed by the Civil Judge (Senior Division) Challakere in LAC No. 258 of 2002 (in C.R.P. No. 57 of 2008) and in LAC No. 259 of 2002 (in C.R.P. No. 58 of 2007) (sic 58 of 2008) are hereby set aside. Matter stands remitted back to the Reference Court-Civil Judge (Senior Division) Challakere, for reconsideration afresh with a direction to pass appropriate orders, in strict compliance of the relevant provisions of the Land Acquisition Act and with reference to the relevant materials available on record and dispose of the same, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this order. With these observations, the instant revision petitions filed by petitioners are disposed of.