LAWS(KAR)-2016-3-429

HEMANAGOUDA Vs. LAND ACQUISITION OFFICER

Decided On March 29, 2016
Hemanagouda Appellant
V/S
LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER Respondents

JUDGEMENT

(1.) Off ice has raised objections regarding maintainability of these revision petitions under Section 115 of the Code of Civil Procedure. Hence, I have heard learned counsel for petitioners on the question of maintainability.

(2.) Order under challenge has been passed by the reference Court on reference made by the Land Acquisition Off icer under Section 18(1) of the Land Acquisition Act of the claim made by the petitioners seeking enhancement of compensation.

(3.) The Land Acquisition Off icer has passed an award dated 19.02.2010 in respect of severallands involved in these batch of revision petitions. The Land Acquisition Off icer had fixed market value at Rs.29,750/- per acre. The land owners/claimants filed applications under Section 18(1) seeking reference to the Civil Court for adjudication of correct market value and compensation payable to them. The Land Acquisition Off icer referred the matter to the Civil Court but the Civil Court received the reference after expiry of three years 90 days. Therefore, a question arose as to whether the reference made was within time. The claimants examined themselves and marked several documents. No evidence was adduced on behalf of the respondent/Land Acquisition Off icer. Reference Court has answered the point of limitation raised against the claimants and has dismissed the reference. Challenging the said order petitioners have filed these revision petitions.