KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR Vs. SRI ROCHAN M.C. AND THE SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE learned Government advocate to appear for respondent No. 2 and file memo of appearance in four weeks. The petitioner is before this Court assailing the order dated 31.3.2011 passed in L.A.C. No. 70/2007 which is impugned at Annexure -D to the petition. The petitioner is seeking for a direction to re -determine the compensation in L.A.C. No. 70/2007 after providing opportunity to the petitioner to participate in the proceedings.

(2.) THE brief facts are that the petitioner herein was in need of certain lands for the purpose of formation of road. In that regard, though several extents had been acquired, in the instant petition, it relates to the land bearing Sy. No. 225/02 to the extent of 0.04 guntas and Sy. No. 225/5 to the extent of 4.08 guntas situated at Gejjalagere village, Maddur taluk, Kasba Hobli, Mandya. In respect of the compensation determined by the Land Acquisition Officer, the land owners being dissatisfied had sought for reference for the purpose of determination of just compensation. The same was registered in LAC No. 70/2007 The reference court after taking into consideration the claim made by the land owners, by its award dated 31.3.2011 has enhanced the compensation. The petitioner which is a Corporation required the acquisition inasmuch to form the road was also required to pay the compensation. They are therefore aggrieved by the fact that the compensation has been enhanced without notice to them and that they have been denied opportunity in that regard. It is in that context the petitioner is before his court assailing the award at Annexure -D to the petition.

(3.) IN that view of the matter, I am of the opinion that the award dated 31.3.2011 passed in the absence of the petitioner would not be sustainable. The same is accordingly set aside and the matter is remanded to Civil Judge (Sr. Division), Maddur to restore L.A.C. No. 70/2007 on file and reconsider the same after providing an opportunity to the petitioner. In order to avoid further delay, there shall be no need for issuance of fresh notice to the petitioner. The petitioner shall voluntarily appear before the Court below on 18.11.2013 as the first date of appearance. The court below shall thereafter regulate the proceedings and dispose of the matter as expeditiously as possible, since the matter has been pending for quite some time. In terms of the above, the petition stands disposed of.