N.R.RAVI Vs. COMMISSIONER

JUDGEMENT

(1.) The order of the Special Land Acquisition Officer, Bangalore Development Authority, Bangalore, dated 19/09/2008 as well as the order of the City Civil Court at Bangalore (Reference Court), in LAC.No.127/2008 were assailed in W.P.No.23367/2012. The learned Single Judge by his order dated 26/02/2013 has rejected the writ petition on the premise that the applications made by the petitioner under Section 28A (1) and Section 18(3)(b) of the Land Acquisition Act, 1894 (hereinafter, referred to as the "Act"), were belated. The said order is in challenge in this appeal.

(2.) The relevant facts of the case are that by Notifications dated 17/06/1993 and 11/03/1994, petitioner's lands were sought to be acquired. An award was passed on 31/03/1997 and possession of the petitioner's lands were taken on 10/11/1997. The petitioner along with others sought reference under Sections 30 and 31 of the Act in LAC.No.125/99. It is relevant to note that no application under Section 18(3)(b) of the Act was filed then seeking enhancement of compensation. LAC.No.125/99 was disposed of on 02/07/2008. Thereafter, petitioner filed an application under Section 28A of the Act on 19/09/2008, seeking enhancement of compensation based on the award passed in LAC.No.220/2000 dated 31/01/2006. The said application was rejected by an order dated 09/02/2009 (Annexure "E"). The petitioner also filed an application under Section 18(3) (b) of the Act, before the Reference Court, in LAC.No.127/2008 and the same was rejected on 29/02/2012 (Annexure "F-1"). The learned Single Judge while confirming the said orders has rejected the said writ petition, against which, this appeal has been filed.

(3.) Learned counsel for the appellant has submitted that the application filed under Section 28A of the Act, could not have been rejected by the Special L.A.O. of the B.D.A. on the ground that it was belated. He stated that after the award being passed on 31/03/1997, LAC.No.125/99 was filed under Sections 30 and 31 of the Act, seeking apportionment of compensation and the same was disposed of on 02/07/2008 and within a period of three months from the said date, the application under Section 28A has been filed on 19/09/2008. Therefore, the said application is in time.