RAMANNA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The petitioner is before this Court seeking for quashing the order passed by the Civil Judge (Sr.Dn.) Bilagai 08.06.2010 in Misc. (LAC) No.36/2005.

(2.) The facts giving raise to the above proceedings are that on 07.11.2001, the respondent had issued a notice seeking to acquire the property. Subsequent thereto the property was acquired, but the compensation was awarded, as if the land was dry land. Hence, a writ petition came to be filed before this Court in W.P.No.32082/2002, which was disposed of on 26th August 2002, treating annexure-D to the said writ petition for enhancement of compensation to be an application filed seeking reference to the Civil Court and in the event of the Collector not making reference to Civil Court, the petitioner therein was permitted to approach the Civil Court under Section 18(3)(b) of the Land Acquisition Act.

(3.) It is in pursuance thereof that Misc.(LAC) No.36/2005 was taken up. However, the same came to be rejected on the ground that the petitioner had received the entire compensation amount awarded under the consent award and therefore, the question of seeking enhancement of compensation on the ground that the land is irrigated land was not permissible.