K N HANUMANTHARAYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) sri T.N. Arakeshwara, learned counsel for the petitioners submitted that the lands of the petitioners were acquired for the purpose of construction of theetha reservoir and a certain amount was awarded by way of compensation.

(2.) it appears, subsequently, other lands belonging to third parties were also acquired for the same purpose and not satisfied with the award, the owners of the said lands sought reference to the civil court under Section 18 of the Land Acquisition Act. The civil court by its award dated 24-7-1989 in lac No. 22 of 1982 modified the award of the land acquisition officer and enhanced the compensation. As against the said award of the reference court it appears, appeal was preferred to this court in m.f.a. nos. 95 and 96 of 1990. The said appeals were dismissed by this court in 20th november, 1991.

(3.) the question that arises for consideration is whether the date of the award of the reference court is relevant or whether the date of the dismissal of the appeals by this court is relevant for purposes of computing the time of 90 days prescribed for making the application under Section 28-a of the Land Acquisition Act.