VASUDEVA S/O HANAMANTAPPA PATTAR AND OTHERS Vs. THE COMMISSIONER AND SECRETARY, GOVERNMENT REVENUE DEPARTMENT, GENERAL MANAGER (LAQ) AND SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE petitioners are the owners of lands which was the subject matter of acquisition for the purpose of Upper Krishna Project along with the lands belonging to other owners.

(2.) PETITIONERS did not oppose the acquisition. Final notifications came to be passed, award also came to be passed. They did not seek a reference claiming higher compensation. However, some of the land owners who were dis -satisfied with the amount awarded, sought reference to the Civil Court under Section 18 of the Land Acquisition Act (For short hereinafter referred to as "L.A. Act"). One such, case was LAC 469/00. The Civil Court referred the matter to Lok Adalat. In the Lok Adalat, the award passed by the Land Acquisition Officer was modified and the compensation was enhanced and an award came to be passed on 20.2.3002. On coming to know of the said award where compensation was enhanced, these petitioners who had not sought reference under Section 18 of the L.A. Act, filed applications under Section 28 -A of the L.A. Act seeking re -determination of the compensation in terms of the award passed before the Lok Adalat. The said request of the petitioners was rejected by the Land Acquisition Officer, on the ground that the award passed by the Lok Adalat is not an award passed by the reference court and therefore Section 28 -A of the L.A. Act is not attracted. Aggrieved by the said orders, petitioners have preferred these writ petitions.

(3.) I have heard learned Counsel for both the parties.