T. R. SRINIVASAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought for setting aside of the order passed by respondent No.4 only insofar as imposing of condition by the Special Deputy Commissioner while approving the award to the extent of Rs.67,64,804.00 as found at the bottom of the award dtd. 1/6/2021.

(2.) The only legal contention raised by the learned counsel for the petitioner is that insofar as the proceedings relating to compensation is concerned, when the award was placed for approval, the Special Deputy Commissioner, KIADB, has approved the award only with respect to the amount of Rs.67,64,804.00 which is contrary to the calculation as made in the award which amounts to Rs.6,78,45,690.00. Learned counsel for the petitioner submits that the approving authority has no power to impose condition. Reliance is placed on the judgment of the Apex Court in the case of VIJAYADEVI NAVALKISHORE BHARTIA AND ANOTHER VS. LAND ACQUISITION OFFICER AND ANOTHER - (2003) 5 SCC 83.

(3.) It is submitted that in terms of the law laid down by the Apex Court in the aforesaid case, approving authority has no power under the First proviso to Sec. 11(1) of the Land Acquisition Act (for short 'the Act') to impose any condition and under Sec. 15-A of the Act, it is only the Government to which the proceedings may be referred which has the power to impose any condition.