- 1 - NC: 2025:KHC:12251 WP No. 5545 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO.5545 OF 2025 (LA-RES) BETWEEN: V LAKSHMINARAYANA S/O LATE M.R. VENUGOPAL AGED 60 YEARS, R/A NO. 16/8, 4TH MAIN, 4TH LINK ROAD NEAR POST OFFICE, MADIVALA, BANGALORE. …PETITIONER (BY SRI. KARUMBAIAH T.A., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BANGALORE - 560002. 2. THE ASSISTANT COMMISSIONER LAND ACQUISITION AND TDR DEPARTMENT ROOM NO. 208, 2ND FLOOR, ANNEX BUILDING - 3, N.R.SQUARE BANGALORE - 560002. …RESPONDENTS (BY SRI.MONESH KUMAR K.B., ADVOCATE FOR R1 SRI. SPOORTHY HEGDE N., HCGP FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-E Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12251 WP No. 5545 of 2025 THE ENDORSEMENT DATED 13.2.2025 ISSUED BY THE 2ND RESPONDENT BEARING NO. LAQ/CR/15/2009-10 DIRECTING THE RESPONDENTS TO PAY 50 PERCENT OF THE ENHANCED COMPENSATION IN LAC NO.38/2016 AND CONNECTED MATTERS AND ALSO AS DIRECTED BY THE DIVISION BENCH OF THIS HONBLE COURT IN MFA NO. 6321/2021 AND SIMILAR APPEALS WITHIN A SPECIFIED PERIOD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is before this Court aggrieved of the action of the 1st respondent – Special Land Acquisiton Officer (SLAO), in not referring the application filed by the petitioner under Section 28A of the Land Acquisition Act, 1894 and on the other hand, the 1st respondent has issued an endorsement dated 13.02.2025 stating that since an appeal is filed in MFA No.1529/2022 in respect of the enhancement of the compensation in LAC No.38/2016 and connected matters, the reference cannot be made. - 3 - NC: 2025:KHC:12251 WP No. 5545 of 2025 2. Learned counsel for the petitioner draws the attention of this Court to the order passed by a Co- ordinate bench of this Court in W.P.No.27576/2023 dated 05.12.2024, where similar endorsement was issued by the SLAO that the miscellaneous first appeal is pending consideration before this Court, the petitioner was directed to await the judgment that could be passed in the pending MFA. However, this Court noticed that in the pending MFA, the respondent authorities were directed to deposit 50% of the award amount before the Reference Court and the claimants were granted liberty to withdraw the said amount deposited before the Reference Court. Learned counsel prays for similar directions. 3. Having regard to the provisions contained in Section 28A of the Act, as and when the Collector receives the application under sub-section(1), it mandates that the Collector shall conduct an enquiry after giving notice to all the persons interested, afford reasonable opportunity of being heard and make an award determining the amount - 4 - NC: 2025:KHC:12251 WP No. 5545 of 2025 of compensation payable to the applicants. Sub-section (3) provides that if any person is not willing to accept the award passed under sub-section(2), he/she may by writing give an application to the Collector requesting reference for the determination of the Court in terms of Section 18 to 28, so far as maybe, applicable to such reference as they apply under Section 18. Therefore, in the considered opinion of this Court the SLAO could not have issued such endorsements declining to refer the matter on the ground that the judgment in LAC proceedings have been assailed in a miscellaneous first appeal before this Court. On the other hand, the 1st respondent was duty bound to forward the reference in terms of the provision and before the Reference Court such information regarding any appeal pending consideration in respect of the enhanced award passed in LAC case could have been placed for consideration of the reference court and the matter could be kept pending till the disposal of the appeals. - 5 - NC: 2025:KHC:12251 WP No. 5545 of 2025 4. However, learned counsel for the petitioner submits while pointing out to the orders passed by the Division Bench in MFA 5515/2021 and connected appeals pertaining to the judgment passed in LAC No.38/2016 that interim orders of stay have been passed by the Division Bench subject to the appellant depositing 50% of the award amount before the LAC court, within a period of four weeks with liberty to the claimants to withdraw the same. 5. Having regard to the directions issued by the Division Bench directing the respondents herein who are the appellants in the miscellaneous first appeal to deposit 50% of the award amount before the LAC court, this writ petition stands disposed of, with a direction to the 1st respondent to refer the matter to LAC court in terms of Section 28A of the Act. Liberty will be reserved to the petitioner herein to seek appropriate orders for release of the amount that would be deposited by the 1st respondent. If such a request is made, the LAC Court shall take into - 6 - NC: 2025:KHC:12251 WP No. 5545 of 2025 consideration the benefit given to the petitioners in MFA No.5515/2021 and connected matters and release the deposited amount accordingly. The reference shall be made by the 1st respondent as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of copy of this order. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT:JL