GHORI JAN Vs. STATE OF KARNATAKA AND SPECIAL LAND ACQUISITION OFFICER, SHIMOGA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PETITIONER 's immovable property when acquired under an agreement followed by the petitioner executing Form -D under Rule 10 -B of the Land Acquisition Rules and having agreed to part with the property for a public purpose, led to issue of an award notice under Subsection (2) of Section 12 of the Land Acquisition Act, 1894, for short 'Act' Annexure -A. It appears that the petitioner filed an application dt. 19.9.2006 Annexure -B to the Special Land Acquisition Officer to refer the dispute over enhancement of compensation under Section 18 to the Civil Court. That application was rejected by endorsement dt. 30.9.2006 Annexure -C stating that the award having emanated from out of the agreement between the parties was disentitled to a reference under Section 18 of the Act. The petition Annexure -D invoking Section 18(3)(b) of the Act was registered as LA (Mis) No. 29/2008 before the Prl. Civil Judge (Sr. Dn), Shimoga to call for the records and examine the legality and propriety of the order of the Deputy Commissioner and to set -aside the order and permit the petitioner to proceed for enhancement of compensation, as also to direct the respondent to refer the matter to the civil Court for proper adjudication. The petition was accompanied by an IA under Section 5 of the Limitation Act to condone the delay in filing an application under Section 18 of the LA Act, before the Deputy Commissioner. That IA was not ordered by the Civil Court, however the petition when rejected by order dt. 8.2.2012 Annexure -E is called in question in this petition.

(2.) IT is no doubt true, neither the Deputy Commissioner nor the Civil Court decided the case of the petitioner on 'whether the representation filed before the Deputy Commissioner for reference under Section 18 was in time or not?'. Suffice it to state that in the light of paragraph 8 of the petition under Section 18(3)(b), Annexure -D, disentitles the petitioner to the relief of seeking a reference for enhancement of compensation as it reads thus: