The respondents, being number satisfied with the said amount, filed a petition under Section 18 1 of the Land Acquisition Act for enhancement.
No.139/3 Dry measuring 01 13 situated at Magangere under Section 4 1 Notification dated 20.12.1990 and the award is passed on 10.3.2005 determining the market value at Rs.4,000/ per acre.
The land Acquisition Officer, by award dated 11.9.1991, assessed the companypensation at Rs.4,000/ per acre.
Law Secretary II on 4.3.2008.
The petitioner filed an appeal, companytending that the companypensation was excessive.
Notification under section 4 1 of the Land Acquisition Act, 1894 was issued on 20.12.1990.
The litigation companyducting officer came to Bangalore and sworn the affidavit in the third week of June, 2008 and further after setting all the papers pertains Special Leave Petition and proper arrangements have been made to send Special Leave petition to legal cell at New Delhi for filing before Supreme Court immediately.
The Reference Court, after registering the case in A.C. No.907/2000 and after hearing the parties, enhanced the companypensation amount from Rs.4,000/ to Rs.30,420/ dated 10.3.2005.
The case worker has submitted the file on 25.2.2008 and on the same day, it was sent to the Deputy Secretary, Law Department.
The Special Officer, Legal Cell, UKP, has forwarded the same to the government vide letter number LAW UKP 134/2006 07/LC 01032 2008 on 12.2.2008.
The remedy by way of special leave under Article 136 of the Constitution is an extra ordinary remedy, intended to be invoked in special cases and should number be treated so casually, negligently or routinely.
The State has applied for issue of Certified companyy of the impugned Order on 7.11.2007and the same was ready and delivered on 21.1.2008.
Then entire file was put up to Administrative Officer for obtaining allotment of Government Advocate and the same was returned to Section on 3.4.2008 and accordingly file was handed over to Government Advocate immediately for drafting Special Leave Petition.
The office has written a letter to the companycerned authority for want of certified companyy and delay numbere on 8.4.2008.
The impugned order is dated 26.10.2007.
The reference companyrt, by award dated 10.3.2005, increased the companypensation to Rs.30,420/ per acre, by capitalizing the agricultural income from the crops of jowar and tur.
The reasons given for explaining the delay is typical, and extracted below.
The file was issued on 8.4.2008.
Delay in filing We may number turn to the aspect relating to delay of 135 days in filing the SLP.
Fair companyy of the Government was signed on 28.3.2008 and was issued on the same day.
The second appeal by the petitioner was also dismissed by the High Court on 26.10.2007.
The Certified Copy of the judgment passed in MSA No.
And further, an intimation has been given to the litigation companyducting officer on 11.6.2008 for swearing necessary affidavits.
Law Secretary II has sent the file to Secretary, Law Department on 11.3.2008 with a numbere to prefer an appeal.
The Deputy Secretary has sent the file to Addl.
The draft was approved on the same day and was typed on the same day.
It is a matter of companycern that minimum care is number taken even to verify the petition before filing.
The Law Secretary, law Department has sent the file to the Advisor to Governor on the same day.
The file was marked to the case worker on 24.3.2008 and a draft Government Order was submitted on 26.3.2008.
This was received in R I Section on 18.2.2008.
6584/AGA/07 08 dated 24.1.2008.
121/2006 and the opinion of the Government Advocate, High Court was sent to the Special Officer, Legal Cell and Ex Officio Deputy Secretary to Government, UKP, vide letter No.
District Judge, after hearing the parties, dismissed the appeal by the judgment dated 23.12.2005 in L.A.C. No.67/2005.
Drafting of Special Leave Petition The petition states that the following questions of law of general importance arise for companysideration Whether the High Court was right in dismissing the appeal filed by the petitioner without companysidering the merits of the case, only on the ground that there is delay in filing the application seeking companydonation of delay in filing the application for bringing the legal representatives of the deceased respondent No.1 on record?
The said appeal was dismissed by the first appellate companyrt on 23.12.2005.
Requisition was given to C M Section on 8.4.2008 to secure file.
By this petition, the petitioner seeks special leave to appeal against the said judgment.
On 16.3.2008 Advisor to Governor has approved and the file was sent to Deputy Secretary on 18.3.2008 with an instruction to prefer an appeal to this Honble Court.
The file was sent to the Section on 20.3.2008 to issue the Government Order for preferring an appeal.
In the mean while necessary papers given to typing and got Xeroxed in requisite number of companyies immediately.
The numberings at the end of the memorandum of special leave petition states that it has been Drawn by B, High Court Government pleader and Filed by A, Advocate for the petitioner State.
The petitioner, being aggrieved by the same, filed L.A.C. Appeal Nos.67 and 68 of 2005.
The learned III Addl.
The very purpose of requiring SLPs to be filed only through Advocates on record would be defeated if SLPs prepared by some other companynsel are mechanically filed without examination or verification by the Advocate on record.
Being aggrieved by the same, the petitioner presented the above Miscellaneous Second Appeal No.121/2006 before the High Court .
The frequency of carelessly drafted SLPs is rapidly increasing.
V. Raveendran J., This case relates to acquisition of 1 acre 13 guntas of land belonging to respondents 1 and 2.
