D.K. SARASWATHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is before this Court seeking that mandamus be issued to the respondent -authorities to pay the enhanced compensation for having acquired 2 acres 5 guntas in Sy. No. 98/2 of Avaregere Village, Davanagere Taluk or the purpose of formation of National Highway No. 4 based on the order passed by the Deputy Commissioner -cum -Arbitrator dated 19.01.2007 at Annexure -H to the petition. The petitioner in that light is seeking that the endorsement dated 06.11.2013 be quashed.

(2.) THE fact that the land to the extent of 2 acres 5 guntas situate in Sy. No. 98/2 of Avaregere village, Davanagere Taluk to which the petitioner claims right was acquired for the formation of National Highway No. 4 is not in dispute. The fact that a sum of Rs. 6,109.37 was determined by the Land Acquisition Officer and the husband of the petitioner had received the said amount on 23.11.2007 is also the accepted position. The petitioner seeking enhancement of the compensation had sought for reference under Section 18(1) of the Land Acquisition Act which was made and registered in LAC No. 21/2008. The Reference Court by its judgment dated 21.10.2011 has dismissed the reference. But however in the operative portion of the order has held that the award passed by the Deputy Commissioner -cum -Arbitrator dated 19.01.2007 is confirmed. Admittedly, the petitioner was not a party to the proceedings before the Deputy Commissioner -cum -Arbitrator wherein the award dated 19.01.2007 enhancing the compensation was passed.

(3.) IN the said circumstance, what is necessary to be considered is as to whether as on today, the petitioner has any right to claim the compensation as determined by the Deputy Commissioner -cum -Arbitrator on 19.01.2007. As noticed, the petitioner or her husband was not a party to the said proceedings. Reference sought by the petitioner under Section 18 was to the Reference Court which was independent of the award passed by the Deputy Commissioner -cum -Arbitrator.