ZARINA BI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THESE revision petitions filed by petitioners are arising out of the common judgment and order dated 13th December 2007 passed by the Civil Judge (Sr. Dn) Challakere in LAC No. 258/2002 (in C. R. P. No. 57/2008)and in LAC No. 259/2002 (in C. R. P. No. 58/2007 ).

(2.) LAND in Sy. Nos. 53 and 54 measuring 4. 16 and 1. 02 guntas situate a Vidupanakunte Village, Challakere Taluk, have been notified and acquired by the State through the respondent herein for the purpose of formation of 'railway line' vide Preliminary Notification issued under section 4 (1) of the Land Acquisition Act and published in the Karnataka gazette on 23. 11. 1989 and Final Notification was issued on 31. 1. 1991. The Land Acquisition Officer has passed the award on 19. 12. 1992. The award notice under Section 12 (2) of the Land Acquisition Act has been issued and the same was served on the petitioners on 24. 12. 1994. Not being satisfied with the award passed by the Land Acquisition Officer, petitioners have filed an application under Section 18 (1) of the Land acquisition Act, requesting the respondent to refer the matter to the jurisdictional Civil Court for enhancement of compensation on the ground that the amount award by he respondent is inadequate. Be that as it may. The said 18 (1) application filed by petitioners has been numbered as LAC no. 4/1996 and LAC No. 3/1996 on the file of the Civil Judge (Sr. Dn)Chitradurga. In view of the constitution of the Court of Civil Judge (Sr. Dn)at Challakere, the LAC Nos. 4/1996 and 3/1996 pending adjudication before the Civil Judge (Sr. Dn) Chitradurga have been transferred to the Civil judge (Sr. Dn) Challakere and renumbered as LAC No. 258 and 259 of 2007. The said matters had come for consideration before the Civil Judge (Sr. Dn)Challakere on 13th December 2007. The Reference Court, has dismissed the application filed by petitioners on the sole ground that, the Deputy commissioner has not referred the matter within 90 days from the date of receipt of the application filed under Section 18 (1) of the L. A. Act, without assigning any reasons and without application of mind and contrary to the relevant provisions of the Land Acquisition Act and the materials available on file. Being aggrieved by the common judgment and order passed by the Court below, petitioners herein felt necessitated to present the instant Civil Revision Petitions seeking appropriate relief as stated supra.

(3.) I have head learned Counsel appearing for petitioners and learned government Pleader appearing for respondent.