- 1 - NC: 2025:KHC:11952 CRP No. 778 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 778 OF 2024 BETWEEN: SMT. K SAYIRANI, W/O P. KRISHNA SWAMY, AGED ABOUT 71 YEARS, R/AT NO. 5 AND 12, 1ST AVENUE, 4TH MAIN, SHUBENCLAVE, HARALURU ROAD, BANGALORE - 560 102. …PETITIONER (BY SRI. P.V. CHANDRASHEKAR, ADVOCATE) AND: 1. THE LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU - 560 020. 2. THE COMMISSIONER, THE BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU - 560 020. …RESPONDENTS (BY SRI. S.G. HEGDE, ADVOCATE) THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE JUDGMENT DATED 14.10.2024 PASSED IN LAC NO.41/2021 ON THE FILE OF II ADDITIONAL CITY CIVIL Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11952 CRP No. 778 of 2024 AND SESSIONS JUDGE, BENGALURU, DISMISSING THE PETITION FILED UNDER SEC. 18(3)(b) OF LA ACT 1894. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner is aggrieved of the impugned order passed by the learned II Additional City Civil and Session Judge and Special Judge, Bengaluru in LAC No.41/2021, passed while considering the petition filed by the petitioner herein under Section 18(3)(b) of the Land Acquisition Act. The petition was filed by the petitioner seeking to refer the petition filed by the petitioner on 22.01.2020 to the reference Court for determination of proper market value. The petition has been rejected. 2. The learned counsel for the petitioner submits that it is an undisputed fact that in terms of sub-section (1) of Section 28(A), any interested landowner who seeks benefit of the award passed in respect of another landowner under the same notification is required to file an application before the - 3 - NC: 2025:KHC:11952 CRP No. 778 of 2024 Deputy Commissioner in terms of Section 18 of the Land Acquisition Act, 1894. It is also not disputed that an award was passed in LAC No.65/2000 in respect of Sy.No.41/3A situated at Deverabeesanahalli Village on 06.12.2019. The petitioner herein filed an application on 22.01.2020 and the same is acknowledged in terms of Ex.P2. 3. Having regard to the dates, it is very clear that the application is within time. However, it has been disputed at the hands of the respondents that the application was received in the office of the Special Land Acquisition Officer. Learned counsel for the petitioner has filed a memo dated 19.11.2024 along with a copy of the extract of the cross-examination of the respondents witness. It is pointed out that the witness has admitted that an acknowledgement has been issued in the office of the Public Relations Officer of the Bangalore Development Authority on 22.01.2020. But, it is stated that the application has not been forwarded to the concerned Branch namely the office of the Special Land Acquisition Officer. Learned counsel would therefore submit that when it is admitted that an acknowledgement for having received the application filed by the petitioner has been given to the - 4 - NC: 2025:KHC:11952 CRP No. 778 of 2024 petitioner on 22.01.2020 in the office of the Public Relations Officer of the Bangalore Development Authority and it is also admitted by the witness that if such an application is given in the office of PRO, the same will be forwarded to the concerned branch, it is admitted that the application has been filed in the office of the PRO, Bangalore Development Authority on 22.01.2020. For the mistake committed by the office of the PRO in not forwarding the application to the Special Land Acquisition Officer the petitioner, cannot be punished for the same. 4. Learned counsel for the respondent-BDA does not dispute the fact that in the cross-examination the witness of the Bangalore Development Authority has admitted the fact that an acknowledgement has been given to the petitioner on 22.01.2020 in the office of the PRO of the BDA for having received the application filed by the petitioner. 5. In the considered opinion of this Court, having regard to the facts obtained herein above, the learned Special Judge should have allowed the petition while receiving the - 5 - NC: 2025:KHC:11952 CRP No. 778 of 2024 application/petition under Section 18(3)(b) of the Land Acquisition Act. 6. Consequently, the CRP is allowed. The impugned order dated 14.10.2024 in LAC No.41/2021 is hereby quashed and set aside. The application filed by the petitioner under Section 18(3)(b) is allowed and the first respondent-Land Acquisition Officer is hereby directed to refer the matter for determination to the Reference Court. The reference shall be made as expeditiously as possible and at any rate within a period of 4 weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE DS CT:TSM