ASSTT COMMISSIONER Vs. LAKSHMI BAI

JUDGEMENT

(1.) This Appeal involves the question whether a reference made by the Land Acquisition Officer under S.18(3)(a) of the Karnataka Land Acquisition (Extension and Amendment) Act, 1961 ('Act' for short) beyond the period of 90 days stipulated therein is, by that reason alone, an invalid reference. In Uppara Basappa v. Special Land Acquisition Officer, ILR 1986 Kant 2102 a learned single Judge has taken the view that a reference made by the Land Acquisition Officer beyond 90 days contemplated in S.18(3)(a) is an invalid reference. Another learned single Judge, in Gwalior Rayon Silk Mfg. (Wvg) Co. Ltd. v. Lakshmavva, AIR 1982 Kar 347 has held such reference to be valid if the reference was within 3 years and 90 days from the date of filing of a valid application under S.18(1) of the Act. There is thus a divergence of judicial opinion on the point, which requires to be resolved here. The appeal is by the Assistant Commissioner, B.S. Division, Belgaum, directed against the judgement and Award dated 7th Aug., 1986 made in L.A.C. No. 73 of 1986 on the file of the Principal Civil Judge, Chikodi, enhancing compensation in respect of certain extents of land in Sy. No. 268/1, 268/3, 262/3, 262/9 and 262/10 of Nidasoshi village. Hukkeri Taluk, Belgaum District, acquired, for the purpose of formation of public road, pursuant to the preliminary Notification published in the Gazette dated 21-5-1981.

(2.) The claim before the Land Acquisition Officer was at the rate of Rs. 25,000/- per acre. The Land Acquisition Officer determined the market value of the land at Rs. 5300/- per acre uniformly treating the lands at Jirayat lands. Respondent-claimant did not accept the offer contained in the L.A.O's Award. She sought for reference to the Civil Court. In the present case, the L.A.O. passed the award on 28-2-1984. Notice of Award under S.12(2) was served on 15-4-85. Respondent-claimant filed the application under S.18(1) seeking a reference on 13-5-1985 well within the time prescribed by the proviso to S.18(2). But the L.A.O. did not send the reference to the Civil Court within 90 days from 13-5-1985; but made the reference on 10-3-1986. The Civil Court, on an appreciation of the evidence, treated an extent of 0.18 guntas out of the acquired lands in SY. No. 268/3 as Bagayat land, capable of raising irrigated crops and fixed the market value of that extent at Rs. 14,000/- per acre. The rest of the acquired lands were treated as Jirayat lands and on that basis of the capitalisation of the net-income a sum of Rs. 8500/- per acre was determined as market value.

(3.) We have heard Sri Chandrasekharaiah, learned Government Advocate for the appellant and Sri Kothavale, learned Counsel for the Respondent-claimant. We have been taken through the judgement and Award under appeal and the evidence on record. On the contentions urged at the hearing of this appeal the following points fall for determination :