Court confirmed that applications under Section 28A must be timely relative to the award of higher compensation established in similar cases, and recognized the statutory basis for re-determination of compensation.

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri.Sangamesh G. Patil, learned counsel for the revision petitioner, Sri.Bhojegouda T. Koller, learned Additional Government Advocate for respondent No.1 and Sri.B.R.Prashanth, learned counsel for respondent No.2-beneficiary.

2. Even though the matter is listed for admission, by the consent of the parties, matter is taken up for final disposal, having regard to the short question involved, which to be decided in this revision petition and also taking note of the fact that the award amount carries interest at the rate of 15% per annum.

3. Validity of rejection of the application filed by the revision petitioner under Section 28A(3) read with Section 18(3) of the Karnataka Land Acquisition Act (hereinafter ‘Act’ for short) is called in question in this revision petition.

4. Facts in the nutshell which are utmost necessary for disposal of the revision petition are as under:

5.1. Land of the revision petitioner is acquired by virtue of the preliminary notification dated 11.01.2001 under Section 4(1) of the Act for the purpose of Upper Tunga Project and award came to be passed on 29.10.2003 awarding compensation at the rate of Rs.3,50,000/- per acre.

5.2. Land of the revision petitioner in Sy.No.57 situated at Gadikoppa village, Shivamogga Taluk is acquired by fixing the compensation at the rate of Rs.3,50,000/- per acre.

5.3. After the award came to be passed, revision petitioner received the compensation amount under protest but did not choose to file any application seeking reference under Section 18 of the Act.

5.4. However, one of the similarly placed land losers – claimant, filed a reference petition under Section 18 of the Act which was numbered as LAC No.15/2014.

5.5. The said reference application on contest, was allowed and a sum of Rs.105 per sq. ft. was ordered for the non-converted land which has attained finality by order dated 01.06.2016.

5.6. Soon after the claimant came to know that similar land losers had obtained the compensation at the rate of Rs.105 per sq. ft. as against sum of Rs.3,50,000/- per acre, the revision petitioner filed an application under Section 28A of the Act on 20.06.2016 before the Land Acquisition Officer.

5.7. After receipt of the application under Section 28A of the Act by the revision petitioner, instead of recommending for grant of the same quantum of compensation to the revision petitioner, Land Acquisition Officer passed on an endorsement stating that the determination of the compensation at the rate of Rs.3,50,000/- per acre is just and proper.

5. Being aggrieved by the said order (endorsement) passed under Section 28A(2) of the Act, an application was filed before the reference Court under Section 28A(3) of the Act.

6. Learned Judge in the reference Court after considering the application recorded the evidence of the parties and by impugned order, dismissed the application as time barred inter alia holding in paragraph Nos.11 to 13 as under:

“11. Having heard the arguments put forth by both counsels this court proceeds to analyze the evidence placed on record and to determine whether the petitioners have made out a case to order for reference and as to whether the delay of 14 years is satisfactorily explained by the petitioner. The petitioner got examined himself as PW1 and has in his evidence deposed that he is owner of the land bearing Sy. No. 57 situated at Gadikoppa village and out of the said property an extent of 12 guntas is acquired U/S 4(1) of preliminary notification dated 11-01-2001 for the purpose of formation of Upper Tunga project and award is passed on 29-10-2003 awarding compensation of Rs.3.50,000/-per acre. PW1 relying upon the judgment and award passed in LAC 15/14 has sought for re determination of the compensation. In support of his evidence PW1 has relied upon Ex.P1 which is the general power of attorney executed by petitioner No.1(a), 1(c), 1(d) in favour of petitioner No.1(b). Ex.P2 is the death certific