The notice of award under Section 12(2) of the Land Acquisition Act must contain essential details for starting the limitation period; failure to serve proper notice invalidates the dismissal of claims.

ORDER :

1. The Revision Petitioner has preferred this revision petition against the order dated 9^th January, 2019 passed in Misc. No.23 of 2017 by the Senior Civil Judge, Haliyal (for short hereinafter referred to as “the trial Court”).

2. The brief facts leading to this Revision Petition are as follows:

The petitioners filed an application under Section 18(3)(b) of the LAND ACQUISITION ACT , 1894 (for short, “the LA Act”), seeking a direction to the respondent to forward the reference application filed by them under Section 18(1) of the LA Act. It is stated in the application that petitioner No.1 is the son and petitioner No.2 is the wife of late Bhavu Krishna Desai of Akethi Village. The deceased, Bhavu Krishna Desai, was the owner of agricultural land bearing Revenue Survey No.90, measuring 8 acres 22 guntas, situate at Akethi Village, Joida Taluk. Out of the said extent, 2 acres 22 guntas were acquired by the respondent for the purpose of the National Highway, along with other lands of Akethi Village. It is further stated that the deceased, Bhavu Krishna Desai, was not served with the award notice. Upon making enquiries in the office of the Special Land Acquisition Officer at Dharwad, the petitioners came to know that the award had already been passed long back. They immediately applied for a certified copy of the award passed by the Special Land Acquisition Officer in respect of Survey No.90 of Akethi Village, Joida Taluk. The application for certified copy was filed on 25^th October, 2017, and the certified copy was obtained on 30^th October, 2017. Thereafter, the petitioners filed an application under Section 18(1) of the LAND ACQUISITION ACT seeking reference to the Civil Court, as the compensation awarded to them was grossly inadequate. However, the respondent rejected their application on the ground that it was filed 22 years after the date of the award. The petitioners contend that the acquired land has non- agricultural potential, being situated near Anamod Bus Stand on the Belgaum–Goa Highway, and that an international resort, “Shangri-La” is located just 2–3 km away from the acquired land. It is further stated that Bhavu Krishna Desai expired on 23rd March 2005 at Akethi Village, leaving behind the petitioners as his legal heirs. Petitioner No.2 executed a General Power of Attorney in favour of petitioner No.1, as she was aged and unable to attend Court proceedings. It is also submitted by learned counsel for the petitioners that petitioner No.2 has since passed away, and her legal representatives have been brought on record in the present petition. The petitioners further submit that their application under Section 18(1) of the LA Act was filed promptly after obtaining the certified copy of the award, i.e., within three months from 30^th October, 2017. Despite this, the respondent failed to refer the matter to the Court of the Senior Civil Judge, Haliyal, though it was his statutory duty to do so. On these grounds, the petitioners seek to allow the application.

3. On behalf of the respondent, the Assistant Government Pleader, Yellapura, filed objections stating that the present application, in its current form, is not maintainable under law. It is submitted that notice under Section 12(2) of the LAND ACQUISITION ACT was served on Bhavu Krishna Prasad on 14^th February 1995. Since the petitioners filed the ap