ZAINABI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) In this Writ Petition, petitioner is calling in question the order dated 14th May 2010 produced at Annexure-K and the order dated 15th June 2012 produced at Annexure-M passed by the Special Land Acquisition Officer, Bangalore Development Authority, Bangalore/respondent No. 1 herein. By the said orders, the Special Land Acquisition Officer has held that the application filed by the petitioner under Section 28A of the Land Acquisition Act, 1894 ('the Act', for short) was liable to be dismissed as it was not presented within the prescribed period of limitation of ninety days. Accordingly, the application has been dismissed. Few facts necessary for the disposal of this case stated in nutshell are:

(2.) Admittedly, petitioner herein did not file any application within 90 days from the date of the said judgment and award of the Reference Court seeking redetermination of compensation as provided under Section 28A of the Act. She chose to make such an application only on 13.09.2004 enclosing a copy of the judgment and award passed in LAC No. 139/1995. It is also useful to note here that in MFA No. 1996/2003 filed by the State against the judgment and award passed in LAC No. 139/1995, this Court while dismissing the appeal filed by the State allowed the Cross Objection No. 215/2006 preferred by the land owners enhancing the market value payable from Rs. 3,80,000/- to Rs. 5,44,500/- per acre in respect of the neighboring land comprised in Sy. No. 79 of the same village.

(3.) The petitioner having learnt about the same applied for certified copy of the judgment in MFA No. 1996/2003 on 12.01.2009 and obtained the same on 16.01.2009. Thereafter, petitioner filed a fresh petition under Section 28A of the Act on 19.01.2009 along with the certified copy of the judgment dated 13.11.2008 passed by this Court in MFA No. 1996/2003 and Cross Objection No. 215/2006, before the 1st respondent seeking redetermination of compensation on par with the determination made in respect of the adjoining land comprised in Sy. No. 79 of the same village.