- 1 - NC: 2025:KHC:3991 WP No. 41741 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 41741 OF 2019 (LA-RES) BETWEEN: THE DEPUTY CHIEF ENGINEER OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER, SOUTH WESTERN RAILWAY, MILLERS ROAD, BENGALURU-560 018. …PETITIONER (BY SRI. ABHINAY Y.T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, PODIUM BLOCK, VISHWESHWARAIAH TOWERS, BENGALURU-560 001. …RESPONDENTS (BY SMT. SPOORTHY HEGDE N., HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3991 WP No. 41741 of 2019 AWARD DATED 20.10.2015 NO.L.A.Q.S.R.8/14-15 IN SO FAR AS IT RELATES TO APPLYING A MULTIPLICAND FACTOR OF 2 INSTEAD OF 1.5 (ANNEXURE-B) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner a beneficiary of acquisition of property in Sy.Nos.185/1 and 185/2, measuring 5445 square feet, acquired by the respondent-authorities under Section 4(1) of Land Acquisition Act on 24.09.2013 is before this Court, being aggrieved by the communication dated 28.01.2019 issued by 2nd respondent declining to consider the application filed by the petitioner seeking correction of the award, on the premise that the award had been passed on 18.02.2016 and since period of 3 years had lapsed, the application for revision could not be considered. 2. Learned Counsel for the petitioner submits that the acquisition of the property is not in dispute. The award - 3 - NC: 2025:KHC:3991 WP No. 41741 of 2019 had been passed by the 2nd respondent on 18.02.2016. While determining the market value of the acquired land, the 2nd respondent had applied multiplication factor of '2' instead of multiplication factor of '1.5' which has resulted in determination of excess compensation, causing hardship, prejudice and financial burden on the petitioner. 3. Being aggrieved by the same, petitioner had filed an application on 12.07.2016, as per Annexure-C requesting for review of the valuation arrived at by 2nd respondent. In response thereof, the impugned communication has been issued. 4. Learned Counsel for the petitioner taking this Court through the averments made in the petition and the documents enclosed therein, brings to the attention of this Court provisions of Section-33 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and submits that there is indeed a provision for revision/correction of the award, provided, the same was - 4 - NC: 2025:KHC:3991 WP No. 41741 of 2019 sought within period stipulated therein. That without reference to the same, 2nd respondent has issued the impugned communication without exercising the jurisdiction vested in him under the law. Hence, the petition. 5. Heard. Perused the records. 6. The impugned award was tentatively fixing the value has been passed on 18.02.2016 and the petitioner being the beneficiary of the acquisition has filed application as seen at Annexure-C on 12.07.2016. 7. Section 33 of The Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 reads as under:- "33. Corrections to awards by Collector. (1) The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under section 64, before the making of such reference, by order, correct any clerical - 5 - NC: 2025:KHC:3991 WP No. 41741 of 2019 or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter. (2) The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested. (3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate Government." 8. Perusal of the aforesaid provision makes it clear that the Collector may at any time, but not later than six months from the date of award is authorized to carry out corrections, clerical or arithmetical mistakes either on his - 6 - NC: 2025:KHC:3991 WP No. 41741 of 2019 own motion or on the application of any person interested or local authority. 9. In the instant case, the award has been passed on 18.02.2016 and the petitioner filed the application on 12.07.2016. The date of application herein indicates that the same was made within a period of six months from the date of award. Hence, the natural consequences ought to have been on consideration of the said application by the 2nd respondent in accordance with law as stated herein above. Non-passing of the order, resulting in lapse of three years, cannot be said to be a ground to reject or decline the requisition made by the petitioner as found at Annexure-G, which clearly is not in exercise of the power vested with the 2nd respondent. 10. Accordingly, the following :- ORDER i. Wirt Petition is hereby allowed. - 7 - NC: 2025:KHC:3991 WP No. 41741 of 2019 ii. The order of Communication dated 28.01.2019, issued by respondent No.2- Special Land Acquisition Officer at Annexure-G is quashed. iii. The matter is remitted back to respondent No.2. iv. Respondent No.2 shall consider the application or representation produced at Annexure-'C', dated 12.07.2016, filed by the petitioner and shall pass appropriate order thereon. v. Needless to mention the respondent No.2 finds necessary, shall issue notice and opportunity of hearing also be given to the land owners, as contemplated under the Land Acquisition Act. - 8 - NC: 2025:KHC:3991 WP No. 41741 of 2019 vi. Such exercise shall be done within an outer limit of six months from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE PSJ List No.: 1 Sl No.: 13