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S. R. KRISHNA KUMAR
Nagendrappa – Appellant
Versus
Special Land Acquisition Officer – Respondent
JUDGMENT
1. This writ petition is directed against the impugned judgment and award dtd. 7/9/2013 passed in LAC No.1/2011 & connected matters by the Senior Civil Judge, Harihar, whereby the said petition filed by the petitioners under Sec. 18 of the Land Acquisition Act, 1894 (for short 'the L.A.Act') seeking enhancement of compensation was dismissed by the reference court.
2. Heard learned counsel for the petitioners, learned AGA for the 1st respondent - State as well as learned counsel for the 2nd respondent and perused the material on record.
3. The material on record discloses that pursuant to the acquisition proceedings initiated in respect of the subject lands, the respondents passed an award on 18/8/2004 and a notice of the same was served upon the petitioners - claimants on 2/4/2005, pursuant to which, the petitioners filed reference applications before the 1st respondent - SLAO on 20/5/2005 within the prescribed period of 90 days. However, the SLAO did not refer the matter to the reference court, as a result of which, the petitioners submitted a reminder application on 20/3/2008 to the SLAO, who did not refer the matter at that time also. However, subsequently, on 29/3/2009,
The court established that under the Land Acquisition Act, 1894, the Deputy Commissioner has a mandatory duty to make a reference within 90 days, and failure to do so, along with the claimant's inact....
The limitation period for seeking reference under Section 18(2) of the Land Acquisition Act starts from the date of knowledge of the essential contents of the award, and the provisions of the Limitat....
Courts must verify that references under Section 18 of the Land Acquisition Act comply with statutory conditions for jurisdiction.
Limitation for making reference under Section 18 of Land Acquisition Act, 1894 cannot be extended and Section 5 of Limitation Act shall not be applicable.
The knowledge of the essential contents of the award and the obligation to file a reference petition within the prescribed time are crucial for a valid reference under Section 18 of the Land Acquisit....
The limitation period for filing a reference petition under the Land Acquisition Act begins when the landowner has actual knowledge of the award's contents, not merely from the award's passing date.
The reference proceedings under Section 18 of the Land Acquisition Act should be decided on merits, and claimants should be given the opportunity to lead evidence in support of their claim for enhanc....
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