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Issues involved: Determination of maintainability of applications u/s 28A(1) & (3) of the Land Acquisition Act, 1894.
Issue 1: Application u/s 28A(3) maintainability The revision petition questioned the Reference Court's decision not to direct the respondent-L.A.O to refer the matter for compensation determination. Section 28A of the Act outlines the process for re-determination of compensation. The application under 28A(1) was rejected by the L.A.O, indicating no award was made under 28A(2). As per the Act, an application under 28A(3) requires an award under 28A(2) for compensation determination. Since no such award existed, the application filed by the petitioners was deemed not maintainable. Therefore, the Reference Court's order aligns with the legal requirements. Issue 2: Application u/s 28A(1) maintainability The petitioners' application under 28A(1) before the L.A.O was also deemed not maintainable. Section 28A(1) necessitates an award by a Court under Part III of the Act as a prerequisite for re-determination of compensation. The award from the 'Lok-Adalath' did not meet the criteria of an award under Part III of the Act. Consequently, the application filed by the petitioners under 28A(1) was legally unsustainable. The Reference Court's dismissal of the subsequent application under section 18(3)(b) was found to be legally sound. Thus, the revision petition was dismissed. Conclusion: The High Court of Karnataka, in the judgment, upheld the legal position that applications under sections 28A(1) and (3) of the Land Acquisition Act, 1894, must adhere to specific criteria for maintainability. The Court found that without the requisite awards and compliance with statutory provisions, the applications filed by the petitioners were not legally sustainable. Consequently, the Reference Court's decision to dismiss the applications was deemed appropriate, leading to the dismissal of the revision petition.
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