LAWS(KAR)-2022-11-718

GOURAVVA Vs. LAND ACQUISITION OFFICER

Decided On November 16, 2022
Gouravva Appellant
V/S
LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) It is not in dispute that the land bearing Sy.Nos.66/2 & 66/3, which were standing in the name of Shrikant Channabasappa Chikkonati were acquired and an award was also passed in respect of these two lands. It is also not in dispute that Shrikant Channabasappa Chikkonati sought for reference under Sec. 18 of the Act in respect of both these lands.

(2.) In these reference proceedings, the claimant and the State entered into a compromise, whereby the compensation was fixed at Rs.2,80,000.00 per acre for wet lands and Rs.2,30,000.00 per acre for dry lands. However, in the compromise petition, the land bearing Sy.No.66/3 was not mentioned and only the land bearing Sy.No.66/2 was mentioned.

(3.) The petitioner, who is the wife of late Shrikant Channabasappa Chikkonati, made an application to the reference Court for correction of the compromise decree. However, the said application has been rejected by the Trial Court on the ground that all the legal heirs of the original claimant were not made as parties and on the basis of the compromise an award had also been passed and the compensation has been disbursed to the petitioner. The Trial court also took the view that there was no provision for making a correction to the compromise petition.