IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.189 OF 2020 (LAC)

BETWEEN:

1. SRI. BASAVEGOWDA S/O CHIKKABOREGOWDA, AGED ABOUT 44 YEARS, R/AT KRISHNARAJA SAGARA, ROYAL KOTE PILE, KRS POST, SRIRANGAPATNA TALUK -571438, MANDYA DISTRICT

2. JAYAMMA S/O GOVINDE GOWDA, AGED ABOUT 62 YEARS, 3. RENUKA D/O GOVINDE GOWDA, AGED ABOUT 41 YEARS, Digitally signed by

4. LOKESH MALATESH S/O GOVINDE GOWDA, K C AGED ABOUT 39 YEARS, Location:

HIGH COURT OF PETITIONER NOS.2 TO 4 ARE KARNATAKA R/AT GUNGRALCHATRA VILLAGE, YELWALA HOBLI, MYSURU TALUK AND DISTRICT.

…PETITIONERS (BY SRI SREENIVASAN M Y, ADVOCATE)

AND:

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, 3^RD AND 4^TH FLOOR, KAVERI BHAVANA, K G ROAD, BENGALURU -560 002.

…RESPONDENT (BY SRI ACHAPPA P B, ADVOCATE)

THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE, AGAINST THE ORDER DATED 03.02.2020 PASSED IN LAC No.12/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY, MYSURU DISMISSING THE PETITION FILED UNDER SECTION 64(1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 FOR DIRECTION.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri Sreenivasan M.Y, learned counsel for the petitioners and Sri P.B.Achappa, learned counsel for the respondent.

2. Claimants are the revision petitioners whose land in Sy.No.54/25 measuring two acres situated at Kallur Naganahalli, Yelvala Hobli, Mysuru Taluk came to be acquired by issuing the final notification on 12.02.2013.

3. The Land Acquisition Officer determined the compensation amount in a sum of Rs.30,61,216.50 per acre and total compensation awarded was to the tune of Rs.61,22,433/-.

4. The Land Acquisition Officer deposited the compensation amount in LAC No.26/2016 on 28.07.2016 on the file of the Principal Civil Judge (Senior Division) Mysuru, in view of the inter se dispute among the claimants. As such, Land Acquisition Officer was required to deposit the amount and refer the matter under Sections 30 and 31 of the Land Acquisition Act, which was adjudicated in LAC No.26/2016.

5. Earlier to that, notice of the award passed by the Land Acquisition Officer as is contemplated under Section 12(2) of the Land Acquisition Act (‘Act’ for short) was issued on 22.05.2014. Same was served on the claimants on

30.11.2015.

6. In LAC No.26/2016, there was a settlement arrived among the rival claimants before the Lok Adalat and amount was received through cheque dated 22.09.2016.

7. However, claimants, after the compromise, filed an application seeking enhancement of compensation which was also sent by registered post on 17.04.2017. Those applications are marked before the Court in the proceeding, which was numbered as LAC No.12/2018 vide Exs.P-2 and P-3. Application was under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on 24.02.2018.

8. Learned Trial Judge rejected the reference under Section

18 on the ground that it is a belated reference.

9. The relevant portion of the Order of the learned Trial Judge in LAC No.12/2018 is at paragraphs 13 to 15, which reads as under:

“13. If Ex.P-2 is carefully scanned, it appears that, application bears two seals one xerox copy of the seal so also original sea. It appears that Ex.P-2 is a fabricated one. The date mentioned on Ex.P-2 is 20.10.2016. It is an admitted fact that, as LAC No.26 of 2016 was filed before the Senior Civil Judge, which means the petitioner had knowledge of passing of award with respect to Sy.No.54/25 at the time of filing of LAC 26/2016. The petitioners chose not to file application seeking reference of the matter to the authority within the time prescribed by the statute. Ex.P-