High Court Karnataka High Court

T S Venkatananjappa vs Land Acquisition Officer on 5 December, 2008

Karnataka High Court
T S Venkatananjappa vs Land Acquisition Officer on 5 December, 2008
Author: Ajit J Gunjal
IN THE HIGH COURT OF' KARNATAKA AT BANGALORE

DATED THIS THE 5th DAY OF DECEMBER 2008 "
BEFORE A "

THE HON'BLE MR. JUSTICE AJIT J.GUNJA;L- I  A' 

WRIT PETITION N0.14515/2§)08(L!'.»R§3s):'A~.:::  _ T V     

BETWEEN :

T.S.\R-znkatananjappa,

S/o.T. Siddaramaiah,

Aged amut 77 years,

R/at. B.G.R0ad, ' __   _   , 

Tumkur- 572 102.  'A  '--  L  ..,.PETI'I'IONER

(By Sriflarish'  'V

AND :

Land Acquisition arm,    ' A

Madhugizfi, District. ...RESPONDENT

is filed under Article 227 0f the
Consfitution.’€:f India with a prayar to set–aside the order

V by-~$.ht:ACivi1 Judge (Sr.Dn.) and JMFQ, at

Madhugi;1;_dated 4.10.2008, on I.A.No.1 in LAC 2/07,

under: “Section 18(1) of the Land Acquisition Act,

V. Wim Section 151 of Code of Civil Procedure:-., vide
_ _ . “‘A1m(~;xm’*e ‘A’ by issuing appropriate writ, order or
V’

” This writ: petition coming an far prela’ntnary’ ‘

VA ‘ this day, the Court; made: the foiiowing:

,3-

made another application under Section 18 of the Land

Acquisition Act. The said application is dated___

24.01.1985. But however, for the reasons best

the application is taken on record and the

LAC M132/2007 is given.

Judge has rejected the said appfieationi-on’TVt1″re* it

that it is too late in the day for

matter any one to me3.sure the ,ir1esn1 rich as

construction has some abo11t.;_”

3. appearing for
the pefifioner petitioner had made an
appiicationv the Act to the Reference

—- -Heriee, he submits that the

it is to be noticed that the petitioner

” slept “ever his rights after maldng an application
18 of the Act It is aiso notiwd that the
eppiication cannot be termed as an application

;t.II”1vC1€I’ Section 18(3)(b) of the Act also seeking the Court

ta direct the Land Acquisition Oflieer to refer the

Reference application. Indeed it is to be noticed that the

acquisition is of the year 1975 and award is passed
the ywr 1985. It is also noticed that the ” .
not made any attempt before the Land
Officer to have the area measured, ,

to identify the land, which the _4pe1:itipiier tics’:

Having regard to the fact that ide:1t1′:ty’V’t)fat11e
property would be a difiRefere1:ee§ Court

does not arise.

Petition stands A’ it