IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9" DAY OF NOVEMBER 203.0 BEFORE THE HON'BLE MRJUSTICE JAwAD C.R.P. No. I0:%2E/2010. BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER». _ MYSORE URBAN DEVELOPMENT A.UTHO._RITv I.L.B.ROAD, MYSOREES-«7L:O1'7 * I ° ' PETITIONER (BY SRI. P S MANJUNATHLADVR. AND MAHADEV '. .1E=y.T« v.*.'- S/O HUCHAPPA @_ HU.CH~AIA'h, AGED ABOUT 38,YEIARS= LALITHADRIPURA"-. * I VARUNA HEJBLI '- MYSQ RE g;,DIST. - 570E001 " I RESPONDENT 'C'R.Avf5."FILVEI5--".U-ANVDVEVR SEC. 115 OF CPC, FILED AGAINST ORDER DATED 31.10.2009 PASSED LAC.402/2004 ON '~«'.Ii'P'.r:1"E_L"r'-IIAALET OETHE PRINCIPAL CIVIL IUDGE (SR. DN.), § _ 'i.r§IYSOfREV,: ALLOWING THE PETITION FILED U/S 18(3)(b) OF V.'I-°?HE.E.'LA"ACT. V'V:""R.,.__THIS CRP IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: I IN) E ORDER
This revision under Sec.115 of cpc .’is’it:’diiije~,;ted
against the order dated 31/10/2009 in
the file of Civil Judge (Sr.Dni-),””‘ iviys_0’re,£0.lallilowliinigf; the 0
petition under Sec. 18(3)(b) of lthgeiténci’Atfquiisitic}i~~i.iic:igg
and directing the petitionerVh’e:rei.n to.Vse.nd–re_’f_erenVce to the’
court within 30 days foradju.di’ca.t_ion’;”«.__
2. Petition is ifiosted0ifo:r:”adirrii$’s.ii0h.. Perused the
records.
3′;_:fiT;h’e.’:’:i§::espognd’ent””i”herein, whose lands in
Sy.No;”3._3Zi/7′ guntas situated at Sarkari
Uttanahalli»pvillage,t’._\/aituna Hobli, Mysore Taluk, were
ac.;}’L}:ired’ for p”urp.o.se of formation of sites, received
‘ compAe’n4sat.viori’—i_n pursuance to the award on 24/3/2004
through and then filed an application under Sec.18
of “the”«3_i{arnataka Special Land Acquisition Act on
V’ i,2l/4/2004, for referring the matter to the court for
cigetermining the enhanced compensation.
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4. The LAO failed to make reference to the court on
the ground, the request of the respondent was belated.
S. Aggrieved by such inaction on the
petitioner herein, the respondent fiied LAC
an appiication under Sec.18(3)(t3′)”of”the”Land:AiV:Ar;qVuis:i<tioi1
Act, for issuance of direction to to bse_,nd».reefe*rience~.,,
pertaining to iand in Sy.NoV.1*3E4/-7 measu'ring'_:
for adjudication. The…'app,iicatio'n"was resisted by the
petitioner on the ground Vthiatiii-t.
brought out 0VVtiii”raugh_’i’eiisVev*id-‘ence that no notice of the
award wasserved is required under Sec.12(2) of
the_§Act.. Th’e._V_,contention of the petitioner was, the
:’res,,pondent,waVs aware of the award as he had received the
A”‘corn_pens:a’_t.iivonV.;’oh 24/3/2004. The Learned Trail Judge has
exaimined evidence on record and found that, though
(tide,respondent received the award on 24/3/2004, within
rnonth he had fiied application under Sec.18 of the
it “Act, which was in time. Since notice under Sec.12(2) was
not served or issued to the respondent, the materiai date
(/1 Q”
was 24/3/2004. The Learned Triai Liudge has placed
reiiance on the decision of this court reported in ILR
KAR 2119.
7. The order impugned suffers
Iegai or otherwise, caiiing for inter_ference.:”~.. HenTce.i,
petition is rejected.