Case Note & Summary
The petitioner, Smt. Y. Sarvamangalamma, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the 1st respondent, the Assistant Commissioner and Land Acquisition Officer, Koppal, to consider and dispose of her application dated 29.02.2012 filed under Section 28A of the Land Acquisition Act, 1894 (the Act). The petitioner's land was acquired for road formation pursuant to a preliminary notification dated 15.06.1995. The Land Acquisition Officer fixed the market value at Rs.31,500/- per acre. The petitioner did not seek a reference for enhancement of compensation. However, other land losers whose lands were acquired under the same notification sought reference, and one such reference in LAC No.224/1999 was allowed by the Civil Court, enhancing the market value to Rs.73,000/- per acre. The petitioner then filed an application under Section 28A of the Act before the 1st respondent seeking re-determination of the market value and compensation on par with the decision in LAC No.224/1999. The application remained undisposed, prompting the petitioner to approach the High Court. The court noted that the application had been pending for over a year and directed the 1st respondent to consider and dispose of the application in accordance with law within three months from the date of receipt of the order. The writ petition was disposed of with these directions.
Headnote
A) Land Acquisition - Re-determination of Compensation - Section 28A Land Acquisition Act, 1894 - Writ of Mandamus - Petitioner's land was acquired, and she did not seek reference for enhancement, but other land losers obtained enhanced compensation via court order - Petitioner filed application under Section 28A for re-determination, which remained undisposed - Court directed the 1st respondent to consider and dispose of the application within three months - Held that the authority must act on the application without further delay (Paras 1-4).
Issue of Consideration
Whether the Assistant Commissioner and Land Acquisition Officer should be directed to consider and dispose of the petitioner's application under Section 28A of the Land Acquisition Act, 1894, which had been pending without disposal.
Final Decision
The writ petition is disposed of directing the 1st respondent to consider and dispose of the application filed by the petitioner under Section 28A of the Land Acquisition Act, 1894, vide Annexure-C dated 29.02.2012, in accordance with law, within three months from the date of receipt of a copy of this order.
Law Points
- Writ of mandamus
- Land Acquisition Act
- Section 28A
- Re-determination of compensation
- Delay in disposal of application
Case Details
2013 LawText (KAR) (06) 28
W.P.No.77122/2013 (LA-RES)
Sri Laxman T. Mantagani (for petitioner), Sri Mahesh Wodeyar, AGA (for respondents)
1. The Assistant Commissioner & Land Acquisition Officer, Koppal; 2. The Executive Engineer No.2, Canal Division (NEE.Ei), Waddarahatti
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Nature of Litigation
Writ petition seeking mandamus to direct the Land Acquisition Officer to dispose of an application under Section 28A of the Land Acquisition Act, 1894.
Remedy Sought
Petitioner sought a writ of mandamus directing the 1st respondent to consider and dispose of her application under Section 28A of the Land Acquisition Act, 1894.
Filing Reason
The petitioner's application under Section 28A of the Land Acquisition Act, 1894, seeking re-determination of compensation based on a court award in a related reference, was not being disposed of by the 1st respondent.
Previous Decisions
The Land Acquisition Officer fixed market value at Rs.31,500/- per acre. Other land losers sought reference, and in LAC No.224/1999, the Civil Court enhanced the market value to Rs.73,000/- per acre.
Issues
Whether the 1st respondent should be directed to consider and dispose of the petitioner's application under Section 28A of the Land Acquisition Act, 1894.
Submissions/Arguments
Petitioner argued that despite filing an application under Section 28A of the Act on 29.02.2012, the 1st respondent had not disposed of it, necessitating a writ of mandamus.
Ratio Decidendi
When an application under Section 28A of the Land Acquisition Act, 1894, is pending without disposal, the court can issue a writ of mandamus directing the authority to consider and dispose of the application within a reasonable time.
Judgment Excerpts
In this writ petition, petitioner is seeking a writ of mandamus against the 1st respondent – Assistant Commissioner & Land Acquisition Officer, Koppal, to consider and dispose of the application filed under Section 28A of the Land Acquisition Act (for short, ‘the Act’) vide Annexure-C.
Petitioner herein filed an application before the 1st respondent under Section 28A of the Act seeking re-determination of the market value and the compensation payable on par with the decision in LAC.No.224/1999.
Hence, this writ petition is disposed of directing the 1st respondent to consider and dispose of the application filed by the petitioner under Section 28A of the Act vide Annexure-C dated 29.02.2012, in accordance with law, within three months from the date of receipt of a copy of this order.
Procedural History
The petitioner's land was acquired under a preliminary notification dated 15.06.1995. The Land Acquisition Officer fixed compensation at Rs.31,500/- per acre. The petitioner did not seek reference. Other land losers obtained enhanced compensation in LAC No.224/1999. The petitioner filed an application under Section 28A on 29.02.2012, which remained undisposed. The petitioner then filed the present writ petition on an unspecified date, which was disposed of on 17.06.2013.
Acts & Sections
- Land Acquisition Act, 1894: 28A
- Constitution of India: 226, 227
