N.R.RAVI Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In the admitted facts that petitioner's land when acquired by the respondent-Bangalore Development Authority for the formation of an outer ring-road, petitioner did not file an application for redetermination of compensation by way of enhancement, under Section 18, nevertheless made an application under Section 18(3)(b) of the Land Acquisition Act, 1894 (for short, 'LA Act') which the Civil Court rejected by order dated 29-2-2012 in LAC No. 127 of 2008 - Annexure-B, and the rejection of the application dated 19-9-2008 under Section 28-A by order dated 9-2-2009 - Annexure-E of the Land Acquisition Officer, assailed in this petition, do not call for interference, regard being had to the fact that admittedly the applications were filed beyond the period prescribed under Sections 18 and 28-A of the LA Act. No exception can be taken to the reasons, findings and conclusions arrived at by the authorities. In State of Karnataka v Laxuman, 2006 AIR(SC) 24 , the larger Bench of the Supreme Court observed thus:

(2.) Sub-Section (1) of Section 28-A required the petitioner to file the application within 3 months from the date of the award of the Court, which in the facts of the case, is the judgment dated 28-8-2007 in MFA No. 6781 of 2006 while the application under Section 28-A is filed on 19-9-2008.