Karnataka High Court
S.VENKATASHAMAPPA - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 08-08-03
W.P. : 1978 of 2003
LAND ACQUISITION ACT, 1894 - Section 11 -Land Acquisition officer relying on a letter written by the Deputy Commissioner -holding that the petitioner not entitled for compensation -held, genuinity or otherwise of the grant should have been determined after hearing the petitioner.
[H. Rangavittalachar, J.] - The documents of title like the sale deeds, produced by the petitioner and the entries in the record of rights clearly prove that the petitioner is the owner of the land but, pleads his helplessness in passing the award on the ground that the Deputy Commissioner has stated in his letter that the original grant is fraudulent. No doubt the Land Acquisition Officer was entitled to rely on the original grant certificate as an independent material on record but then, he should have confronted the same to the petitioner and sought his explanation which procedure admittedly has not been done. Secondly, when he felt that the petitioner had established title, he should have proceeded to decide the matter as a statutory authority should do, while exercising his statutory powers. He could not have held that he should act as per the dictates of the Deputy Commissioner. Such a procedure is totally unknown to the concept of statutory enquiry.
Cases Referred: AIR 1975 Mad 303; AIR 1964 Cal 223; AIR 1978 AP 463; AIR 1959 Cal 519; AIR 1970 SC 150; AIR 1969 SC 556.
( 1 ) THE Karnataka Industrial Area Development Board, 2nd respondent herein had acquired 4 acres of land in Sy. No. 32, among other lands, situate at anneshwara Village, Kasaba Hobli, Devanahalli Taluk for formation of international airport at Devanahalli. This land is claimed by the petitioner as belonging to him on the basis of various sale deeds and the entries in the revenue records apart from his name being notified in the preliminary and final notifications as the kathedar. However, the acquiring authority refused to pass any award. This action was questioned by the petitioner by filing W. P. No. 6001 of 2002. Learned Single Judge who heard the matter, by his order dated 21-9-2002, quashed the endorsement refusing to pass the award and directed the Special Land Acquisition Officer to conduct an enquiry and pass award in accordance with law. Pursuant to the order of this Court, the Land acquisition Officer conducted an enquiry and passed an order on 24-12-2002 - Annexure-A holding that the petitioner is not entitled to any compensation, on the basis of a letter written by the Deputy Commissioner. This order is questioned in this petition.
( 2 ) SRI Ravivarmakumar, learned Counsel appearing for the petitioner submitted that the Land Acquisition Officer though has held that petitioner has proved his title but, refused to grant any compensation solely on the ground that the Deputy Commissioner has addressed a letter to him stating that the genuineness of the original grant certificate - the basis of claim is itself suspect, without even giving an opportunity to the petitioner to explain.
( 3 ) SRI Ashok B. Hinchigeri, learned Counsel for respondents 2 and 4 defended the order. He contended that having regard to the date on which the grant certificate was printed namely, on 10-4-1965 whereas the grant is said to have been made on 2-3-1962, it was sufficient to improbabilise the genuineness of the grant certificate which was the source of title for the petitioner. No further enquiry was needed in this regard.
( 4 ) HE nextly submitted relying on the decision of the Madras, Andhra pradesh and Calcutta High Courts, referred below: state of Tamil Nadu and Another v P. Kanagamani and Others; ukhra Forest and Fisheries (Private) Limited v State of West Bengal and Others; afzal Bee v The Special Deputy Collector and Others; jivandas Khimji v Smt. Narbada Bai. That the Land Acquisition Officer while passing an award exercises only 'administrative function' and not 'quasi-judicial function'. As an agent of the Government, he makes an offer to the claimant and it is for the claimant to accept or reject the offer by taking the money or approaching the Civil Court under Section 18 of the Land Acquisition Act. Such an action of the Land acquisition Officer is not amenable to writ jurisdiction.
( 5 ) LASTLY, he submitted that if the petitioner is aggrieved by the award of the Land Acquisition Officer, he has to request the Land Acquisition Officer to refer the matter to a Civil Court for determination of his title to the property. He cannot approach this Court by passing the said remedy.
( 6 ) IN order to appreciate the rival contentions, it is necessary to refer to the relevant provisions of the Karnataka Industrial Areas Development Act (for short, 'development Act') and also the provisions of the Land Acquisition act which has a bearing on the controversy. Chapter VII of the Development act provides for acquisition and disposal of lands. Section 29 of the said Act provides for payment of compensation for the acquired lands. Section 29 (1) to 29 (4) extracted for ready reference: "section 29. Compensation. (1) Where any land is acquired by the state Government under this Chapter, the State Government shall pay for such acquisition compensation in accordance with the provisions of this Act. (2) Where the amount of compensation has been determined by agreement between the State Government and the person to be compen
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