LAWS(KAR)-2013-5-9

B L SRIDHAR Vs. B R PATHI

Decided On May 30, 2013
B L Sridhar Appellant
V/S
B R Pathi Respondents

JUDGEMENT

(1.) The legality and correctness of the order passed by the Learned Single Judge in W.P. No. 9819/08 dt.6th October, 2010, is called in question in these appeals. The facts leading to these appeals are as hereunder:

(2.) The Writ Petitioner B.R. Pathi, who is respondent No. 1 in this appeal also claimed right in the aforesaid land. The Special Land Acquisition Officer exercising the powers u/s 3-H(3) of the National Highway Act 1956, ordered to disburse the entire compensation awarded to the appellants.

(3.) Aggrieved by the action of the Land Acquisition Officer in not referring the matter for Civil Court for adjudicating the dispute, 1st respondent filed the Writ Petition. The Learned Single Judge after considering the arguments advanced by both the parties came to the conclusion that the Land Acquisition Officer had no power to disburse the entire amount to the appellants herein invoking the provisions of Section 3-H(3) of the National Highways Act. Accordingly, he allowed the Writ Petition directing the Land Acquisition Officer to refer the matter under sub-section (4) of Section 3-H of the National Highways Act, to the City Civil Court for determining the dispute. While allowing the appeal, a direction is also issued by the Learned Single Judge to redeposit the amount which was drawn by the appellants. Therefore, the present appeal is filed challenging the legality and correctness of the order.