MARIYAMMA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) In this case, petitioner has challenged the validity of the order in LA Mis.No.31/2006 dated 21.03.2013, whereby the Civil Judge (Sr.Dn.) and JMFC, Srirangapatna has rejected her application under Section 18(3)(b) of the Land Acquisition Act, 1894.

(2.) The petitioner was the owner of the land bearing Sy.No.39 measuring 2 acres 39 guntas situated at Pura Village, Belagola Hobli, Srirangapatna Taluk, Mandya District. The said land was acquired by the State Government for the benefit of the Karnataka Industrial Area Development Board (for short the Board ) for the establishment of an industrial area. The Land Acquisition Officer determined the compensation at Rs.6,50,000/- per acre.

(3.) The contention of the petitioner is that she has not consented for determining the compensation by agreement at Rs.6,50,000/-. She has not signed any agreement in this regard. Therefore, she made an application before the Land Acquisition Officer under Section 18(1) of the Land Acquisition Act, 1894 ( LA Act for short) for referring the matter to the Civil Court for determination of higher compensation. Since the application was not referred, she filed an application at Annexure-E, under Section 18(3)(b) seeking a direction to the first respondent Land Acquisition Officer to refer her application to the Court.