NAGENDRAPPA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This writ petition is directed against the impugned judgment and award dtd. 7/9/2013 passed in LAC No.1/2011 & connected matters by the Senior Civil Judge, Harihar, whereby the said petition filed by the petitioners under Sec. 18 of the Land Acquisition Act, 1894 (for short 'the L.A.Act') seeking enhancement of compensation was dismissed by the reference court.

(2.) Heard learned counsel for the petitioners, learned AGA for the 1st respondent - State as well as learned counsel for the 2nd respondent and perused the material on record.

(3.) The material on record discloses that pursuant to the acquisition proceedings initiated in respect of the subject lands, the respondents passed an award on 18/8/2004 and a notice of the same was served upon the petitioners - claimants on 2/4/2005, pursuant to which, the petitioners filed reference applications before the 1st respondent - SLAO on 20/5/2005 within the prescribed period of 90 days. However, the SLAO did not refer the matter to the reference court, as a result of which, the petitioners submitted a reminder application on 20/3/2008 to the SLAO, who did not refer the matter at that time also. However, subsequently, on 29/3/2009, i.e., after a lapse of more than 3 years 90 days from the date of the application filed by the petitioners on 20/5/2005, the SLAO referred the matter to the civil court, which proceeded to dismiss the same as barred by limitation in view of the judgment of the Apex Court in the case of State of Karnataka vs. Laxuman - (2005) 8 SCC 709, by holding as under:-