MADHUVANA HOUSING BUILDING CO-OPERATIVE SOCIETY Vs. ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This petition is directed against the impugned judgment and award dtd. 16/9/2013 passed in LAC No.73/2010 by the I Addl. Senior Civil Judge, Mysuru, whereby the said reference under Sec. 18 of the Land Acquisition Act, 1894 (for short, 'the LA Act, 1894) filed at the instance of respondent Nos.2 to 6 / claimants was partly allowed thereby awarding enhanced compensation in favour of the said claimants.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the subject lands were acquired for the benefit of the petitioner / Madhuvana House Building Co-operative Society, pursuant to a reference under Sec. 18 of the LA Act, 1894, wherein the Assistant Commissioner, Mysore SubDivision, Mysore was arrayed as respondent No.1 and the petitioner / Society was arrayed as respondent No.2. By the impugned judgment and award, the reference Court proceeded to allow the same in part by fixing compensation at Rs.5,80,201.00 per acre together with all consequential benefits. It is the grievance of the petitioner that despite it being made a party to the reference proceedings as respondent No.2, the petitioner was not served with notice of the proceedings and was not aware of the same and did not contest the proceedings. The reference Court proceeded to pass the impunged ex-parte judgment and award against the petitioner without providing sufficient or reasonable opportunity to the petitioner to defend and contest the proceedings and as such, the petitioner is before this Court by way of the present petition. Learned counsel for the petitioner places reliance upon the following decisions: