NINGAJAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) MR. Sridhar Hiremath. learned aga is directed to take notice for respondents 1 to 3.

(2.) PURSUANT to preliminary and final notifications, the land of the petitioner is acquired for Electronic Warfare Range for Defence department. Suffice it to say that under the general award, the LAO determined the market value at Rs. 30,000/- per acre. Learned civil Judge enhanced the same to Rs. 50,000/-per acre in the reference case. With regard to this, an application is made by the petitioner under S. 28-A of the Act seeking redetermination. The said application was rejected. Hence an application is made under S. 28-A, sub-section (3) of the Act seeking reference to the Civil Court, The grievance of the petitioner is that the said application, which is filed before the Deputy Commissioner, second respondents is still pending and the matter is not as yet referred. Hence the present petition seeking a direction to the second respondent to refer the matter to the Civil Court.

(3.) SECTION 28-A of the Act was inserted by act 68 of 1984. The core of S. 28-A is in respect of redetermination of compensation on the basis of the award of the Reference Court. The scope of S. 28-A of the Act is that any person who is aggrieved by the determination of the market value by the Land Acquisition officer but who has not sought reference under S. 18, can make an application under the provisions of S. 28-A of the Act seeking redetermination of the compensation in conformity with the award passed by the Reference court. Indeed, the said application for redetermination of the amount of compensation shall be made within a period of 3 months from the date of passing of the award by the Reference Court. The Land Acquisition Officer, thereafter, shall consider the said application by holding necessary enquiry after issuing notice to all the persons interested and after affording them reasonable opportunity of being heard and redetermine the compensation payable to the applicants. Sub-section (3) of s. 28-A of the Act would deal with a situation where if such an application is rejected, the applicant shall make an application to the deputy Commissioner requesting the matter to be referred to the Court for redetermination. The provisions of Ss. 18 to 28 of the Act are also made applicable to an application filed under S. 28-A, sub-section (3) of the Act.