STATE OF KARNATAKA Vs. SANGAPPA DYAVAPPA BIRADAR

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the judgment and order dated 18-2-2003 passed by a Division Bench of the High Court of Karnataka, Bangalore in Writ Appeal Nos.1677, 2500 and 2501 of 2000 whereby and whereunder the writ appeals filed by the Respondents herein were allowed, reversing the judgment and order passed by a learned single Judge of the said court dismissing the writ petitions filed by the Respondents herein.

(3.) Keeping in view the point involved in these appeals, it is not necessary to state the fact of the matter in great details. Suffice it to point out that for the purpose of submergence and construction of canal for the Upper Krishna Project, the Appellant State intended to acquire some lands including the lands belonging to the Respondents herein. The parties entered into negotiations as regard the price of the lands; pursuant whereto and in furtherance whereof consent awards were passed by the Special Land Acquisition Officer. The amount of compensation awarded in terms of the consent award was also received by the Respondents in full satisfaction of their claim. The Respondents, however, filed applications for reference to the Civil Court in terms of Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") claiming enhanced compensation. The said prayer was rejected by the Collector by an order dated 23-8-1999. The Respondents thereafter filed writ petitions before the High Court which were marked as Writ Petition Nos.41354, 36840 and 36748 of 1999 praying therein for quashing of the said order as also for a direction upon the Respondent No.2 to refer the applications filed by them to the Civil Court for determining the amount of compensation in respect of the acquired lands.