BASAPPA KOTRAPPA CHALAGERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE orders dated October 10, 1995 and August 9, 1996 passed by respondent 2 as per Annexures-B and A respectively are sought to be quashed by the petitioner in this petition.

(2.) THE petitioner was the owner of Sy. No. 64/1 measuring 15 acres 16 guntas situated in Kodihalli village, Hirekerur Tq. , Dharwad District. The said land was acquired vide the declaration dated February 16, 1978 and the award was also made on April 7, 1979.

(3.) THE petitioner appears to have been satisfied with the award and, therefore, did not seek reference under Section 18 (1) of the Land Acquisition Act, 1894 (for short, "the Act" ). However, the owner of the land bearing Sy. No. 71/1 sought reference and the reference Court by its award dated November 9,1983 enhanced the compensation. The owner again approached this Court in MFA No. 1061 of 1984 and it was disposed of on August 14, 1986. The petitioner, thereafter, filed an application under Section 28-A of the Act to redetermine the compensation in accordance with the compensation in MFA No. 1061 of 1984. The said application was filed on November 13, 1986. The Land Acquisition Officer by his order dated October 10, 1995 dismissed the application as having been barred by limitation. The petitioner filed another application on August 2, 1996 requesting the Land Acquisition Officer to dispose of his earlier application inter alia contending that application dated November 13, 1986 was not disposed of. The Land Acquisition officer by order dated August 9, 1996 informed the petitioner that the application filed by him under Section 28 - A of the Act has already been disposed of by order dated August 10, 1995. Hence, this petition by the petitioner for the reliefs mentioned in paragraph 1 of this order.