NADUBEEDIRAMAIAH REDDY Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) IN this batch of petitions, the petitioners who are the landowners have assailed the order of the trial court dated 23-11-1998 passed on the applications filed under Section 5 of the Limitation Act ('the act' for short) in lac No. 263 of 1989 connected with lac nos. 275, 276, 294 and 269 of 1989 dismissing the applications filed under Section 5 of the act as not maintainable.

(2.) SINCE common questions of fact and law arise in all these revision petitions they are clubbed and disposed of by this common order with the consent of learned counsel for parties.

(3.) THE undisputed facts for purpose of disposal of these petitions are: that the petitioners are claimants in lac cases referred to supra before the ii additional city civil judge, Bangalore (cch No. 17 ). Certain extent of their lands was admittedly acquired for the formation of byrasandra, tavarekere and madiwala layout. The respondent-land acquisition officer in all cases ('lao' for short) passed an award under Section 11 of the Land Acquisition Act. The award notice as contemplated under Section 12 (2) of the Land Acquisition Act have admittedly been served on the petitioners on 9-6-1982. Applications under Section 18 (1) of the Land Acquisition Act have also been filed by the petitioners on 2-8-1982 before the lao seeking reference to the civil court for purposes of enhancement of compensation. Therefore, the applications seeking reference to the civil court were filed within the prescribed time. It is the case of petitioners that the lao whenever he was approached had promised to make a reference to the civil court for enhancement of the compensation. Therefore, they have been prevented from making necessary applications seeking a reference under Section 18 (3) (b) of the Land Acquisition Act within the period of three years 90 days. It is admitted that the petitioners have filed application under Section 18 (3) (b) of the Land Acquisition Act before the court of the ii additional city civil judge, Bangalore on 18-7-1989 i. e. , 6 years 11 months after filing the applications under Section 18 (1) of the Land Acquisition Act.