Case Note & Summary
The petitioners, Sri Shrikant S/o Bhavu Desai and Smt. Hira W/o Bhavu Desai, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 09.01.2019 passed by the Senior Civil Judge, Haliyal, in Misc. No.23/2017. The petitioners had filed an application under Section 18(3)(b) of the Land Acquisition Act, 1894, seeking a direction to the respondent, the Special Land Acquisition Officer, National Highway, Dharwad, to forward their reference application filed under Section 18(1) of the Act to the civil court. The deceased, Bhavu Krishna Desai, was the owner of agricultural land bearing Revenue Survey No.90, measuring 8 acres 22 guntas, situated at Akethi Village, Joida Taluk. The land was acquired for the national highway project. The petitioners, being the legal heirs, claimed entitlement to enhanced compensation and filed a reference application under Section 18(1) of the Act. However, the Land Acquisition Officer did not forward the application. The petitioners then moved the trial court under Section 18(3)(b) of the Act, which was dismissed by the impugned order. The High Court, after hearing arguments, found that the trial court had erred in dismissing the application without considering the merits. The court observed that the petitioners were entitled to seek a reference under Section 18(1) of the Act and that the Land Acquisition Officer was duty-bound to forward the application. Consequently, the High Court allowed the revision petition, set aside the impugned order, and directed the respondent to forward the reference application to the civil court for adjudication.
Headnote
A) Land Acquisition - Reference to Civil Court - Section 18(1) and 18(3)(b) of Land Acquisition Act, 1894 - Duty of Land Acquisition Officer - The petitioners, legal heirs of deceased owner, sought reference under Section 18(1) of the Act. The Land Acquisition Officer failed to forward the application. The trial court dismissed the application under Section 18(3)(b) without considering the merits. The High Court held that the trial court ought to have directed the officer to forward the reference application as the petitioners were entitled to seek reference. The impugned order was set aside and the application was allowed. (Paras 1-10)
Issue of Consideration
Whether the trial court was justified in dismissing the application filed under Section 18(3)(b) of the Land Acquisition Act, 1894 seeking direction to the respondent to forward the reference application to the civil court.
Final Decision
The Civil Revision Petition is allowed. The impugned order dated 09.01.2019 passed in Misc. No.23/2017 by the Senior Civil Judge, Haliyal, is set aside. Consequently, the application filed under Section 18(3)(b) of the Land Acquisition Act, 1894 is allowed, and the respondent is directed to forward the reference application filed under Section 18(1) of the Act to the civil court.
Law Points
- Land Acquisition Act
- 1894
- Section 18(1)
- Section 18(3)(b)
- Reference to Civil Court
- Duty of Land Acquisition Officer
- Limitation for filing reference application
- Right of person interested to seek reference
