SPECIAL LAND ACQUISITION OFFICER Vs. NINGAPPA BASAVANTAPPA

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 31st May, 2003 passed in Miscellaneous No. 119/2000 on the file of the II Additional Civil Judge (Senior Division), Bijapur.

(2.) THE facts in brief are that, the land bearing R. S. No. 411 measuring 06 acres situate at Kakkalameli Village, Sindagi Taluk, bijapur District was notified and acquired by state Government through petitioner for the purpose of construction of approach road at indi, Indi Taluk, Bijapur District. Petitioner herein, after taking into consideration all the relevant factors available on record, has passed the award dated 18th March, 1991. Not being satisfied with the award passed by petitioner on the ground that, the same is inadequate, respondent herein has filed an application under Section 18 (1) of the Land Acquisition Act, seeking enhancement of compensation dated 12th July, 1991 within ninety days from the date of receipt of the award notice under Section 12 (2) served on 24th april, 1991. Since petitioner did not refer the matter seeking reference to the jurisdictional reference Court, in spite of filing the application under Section 18 (1) of the Act, respondent was constrained to file application under section 18 (3) (b) of the Land Acquisition Act. dated 10th September, 1997, along with an application under Section 5 of the Limitation act for condonation of delay of two years eleven months. The said application had come up for consideration before the II Additional civil Judge (Senior Division), Bijapur dated 31st May, 2003 and the Court below has allowed the said application filed by respondent and directed the petitioner to refer the petition along with the relevant documents to the jurisdictional Claims Tribunal/court in respect of the land in question. Being aggrieved by the impugned order passed by Court below, petitioner herein felt necessitated to present the instant revision seeking appropriate reliefs, as stated supra.

(3.) I have heard learned Government pleader appearing for petitioner and learned counsel appearing for respondent.