JAVARAIAH Vs. SPL. LAO

JUDGEMENT

(1.) Petitioners who are the land owners of different extents situated at Nayakanahalli Village, Basaralu Hobli, Mandya Taluk, Mandya District, which lands were notified for formation of Hemavathi Left Bank Channel vide notification dtd. 21/9/1995, have sought for necessary orders being passed under Sec. 28-A of the Land Acquisition Act as regards the applications of petitioners and have sought for necessary direction for re-determination of value of lands in terms of the award passed by the 2nd Additional Senior Civil Judge, Manyda, in LAC No. 54/2019 dtd. 17/6/2022.

(2.) It is submitted that in terms of the award in LAC No. 54/2019 compensation fixed by the land acquisition officer has been enhanced on a reference for enhancement preferred by land owners. The enhancement is up to Rs.3,500.00 per gunta with statutory benefits. The petitioners whose lands are also notified under the preliminary notification have sought for the benefit of re-determination under Sec. 28-A of the Act.

(3.) It is noticed that the award in LAC No. 54/2019 was passed on 17/6/2022. Petitioners have filed their applications on 1/8/2022. Prima facie in light of the application for re-determination having been filed within the time period stipulated, necessary orders are required to be passed in accordance with law, considering that the applications under Sec. 28-A of the Act have been filed within time. Needless to state consideration to be made if otherwise petitioners are eligible under law.