MUNIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE lands of the petitioners situated in Siddanayakanahalli, Doddaballapur Taluk, Bangalore District, were acquired under the provisions of the Land Acquisition Act, 1894, for the purpose of construction of 220 KV Station for Karnataka Electricity Board pursuant to the notification dated 18-10-1994. Thereafter, an award dated dated 6-4-1995 has been passed as could be seen from copy of the notice dated 7-4-1995, marked as Annexure-B. According to the petitioners, the said notice was received by them in the second week of April, 1995.

(2.) IT appears on 1-7-1995 the petitioners submitted written applications to the third respondent in terms of the provisions of sub-section (1) of Section 18 of the Act requiring him to make reference to the Civil Court for determination of the amount of compensation. The third respondent by his endorsement dated 17-8-1995, copy of which is marked as Annexure-E has declined to consider their applications on the ground that they were not presented within the time prescribed. In the endorsement issued by the third respondent it is clearly stated that the petitioners made the applications on 1-7-1995.

(3.) THE provisions of Section 18 of the Act are set out below :