Section 16 in Karnataka Conduct of Government Litigation Rules, 1985
16. Land Acquisition Cases.
(1)Whenever a reference is made to a court under any law providing for acquisition of land by the Government, the Land Acquisition Officer concerned may authorise the Law Officer concerned to conduct the case on behalf of the Land Acquisition Officer without making a reference to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]. The Land Acquisition Officer shall maintain a register of references made under sub-section (1) or sub-section (3) of Section 18 indicating the names of parties, description of the land acquired, the claim made by the petitioner and such other particulars as may be specified by the Government or required by the rules.(2)The Land Acquisition Officer shall give necessary instructions to the Law Officer along with the file relating to acquisition of the land and all other necessary documentary and oral evidence to support the award passed by him. Documents such as extract of Record of Rights, pahani, Kanushumari register, average yield notification or any other documents prepared under the Karnataka Land Revenue Act, 1964 or any other law, rule or order showing the nature of the soil, the source of irrigation to the land and other material relevant for determining the value of the land shall be made available. In addition, copies of sale deeds of similarly situated lands in the neighbourhood sold in the recent past, prevailing price of commodities grown in such land as on the date of preliminary notification, as mentioned in the APMC records or other records shall also be made available. If reliance is placed on sale deeds of similarly situated lands in the neighbourhood, the Law Officer shall lead evidence to establish the similarity and proximity of the land and the like. If the PWD Officers have valued the buildings in the land, the Law Officer shall examine the P.W.D. Officer who has valued the buildings. It shall be the duty of the Land Acquisition Officer to assist the Law Officer in the conduct of the case and to get the PW.D. Officers and other officers and other witnesses for examination in the court. The Land Acquisition Officer shall regularly watch the progress of the case in the court and give all necessary assistance to the Law Officer. The Land Acquisition Officer shall show the file in which award has been made to the Law Officer and it shall be the duty of the Law Officer to study the file and produce copies of the record of rights and other documents referred to above in the above said file before the court and get them marked in the case. The Law Officer shall adduce necessary oral and documentary evidence to bring on record as material which are in that file and which are relevant for supporting the award made by the Land Acquisition officer and to find out the correct value of the land acquired.(3)(a)Whenever an application requesting the Land Acquisition Officer to make a reference to the Civil Court under section 18(1) of the Act is received, it shall be his duty to examine as to whether such application is filed within time and is maintainable and to pass orders thereon as expeditiously as possible.(b)In cases where the claimant approaches the court under Section 18(3) of the Land Acquisition Act, it shall be the responsibility of the Land Acquisition Officer and the Law Officer to verify whether such an application is maintainable, whether the allegation made therein are correct. Whether he had filed an application under sub-section (1) of section 18 within the period of limitation and to file necessary objections and produce all relevant evidence before the court. Objection statement indicating all relevant details shall be filed in such a case.Note. - Instances have come to the notice of the Government where,-(i)forged, anti dated or bogus references under section 18(1) have been filed or sent to court alleging that it has been sent in pursuance to the direction of the court under section 18(3) even though in fact there is no such direction by the court.(ii)copies of non-exitant, bogus or forged applications said to have been made to the Land Acquisition Officer have been filed in the court along with application under section 18(3).(iii)bogus or forged receipts said to have been given by the Land Acquisition Officer for having received application under section 18(1) have been filed into the court.(iv)false allegation of filing application under section 18(1) before the Land Acquisition Officer and the Land Acquisition Officer making a reference under section 18(1) have been made in the application under section 18(3).(c)Where application under section 18(3) have been made either without there being valid application to Land Acquisition Officer under section 18(1) or with forged, anti dated, bogus non-existing references under section 18(1) of the Act it shall be the duty of the Land Acquisition Officer and the Law Officer to bring all those factors to the notice of the court. The Land Acquisition Officer shall assist the court in all respects to give effect to the circular issued by the High Court which is enclosed to these rules as Annexure. The Law Officer shall insist the court to take action as indicated in that circular.(4)The Law Officer shall apply for two certified copies of the decree, judgment and the award immediately after pronouncement of the judgment irrespective of whether the order is for or against the Government and shall also inform the Land Acquisition Officer, the Revenue Commissioner and [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] about the enhancement of the compensation if any, ordered by the court. The Revenue Commissioner shall take immediate necessary steps to get additional allotments made to meet the additional expenditure relatable to enhancement of the compensation. After receiving the certified copies of the judgment, decree and award, one copy of the judgment and decree shall be sent by the Law Officer to the Land Acquisition Officer and the other copy along with the copy of the award to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] along with his opinion about the feasibility of filing of an appeal and a copy of such opinion shall be sent to the Land Acquisition Officer and the Revenue Commissioner. The opinion shall indicate the actual enhanced compensation granted by the court. The Revenue commissioner shall within the time allowed by the Court get necessary amount sanctioned to pay the additional compensation awarded by the court.(5)Whenever a certified copy of the judgment, decree and award passed by the court is forwarded to [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998], a certified copy of the award passed by the Land Acquisition Officer in the case shall also be sent.(6)[the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] shall examine the judgment and award with special reference to the amendments made in 1984 to the Land Acquisition Act and decide whether there are good and valid grounds to file an appeal. If it is decided to file an appeal an order shall be made and copies thereof shall be sent to the concerned Law Officer authorised to file an appeal, the land Acquisition Officer and to the Revenue Commissioner. [If the Legal Cell takes a decision not to prefer an appeal, all the records, and papers concerning the case shall be referred to the Department of Law for taking a final decision in the matter] [Inserted by notification No. LAW 266 LAM 96, Dated: 1.1.1998].[In cases, where decision is taken by the Department of Law not to prefer an appeal, the same shall be communicated by the legal cell of the Administrative Secretariat, after receipt of the same to the concerned Land Acquisition officer, who shall, there upon take immediate steps to deposit the amount as per the award passed by the court and intimate the fact of such deposit to the Law Officer concerned, the Legal Cell and to the Department of Law. The fact of such deposit shall be entered by the Land Acquisition Officer in the register referred to in sub-rule (1) Instances have come to the notice of the Government where deposits have been made more than once. The Law Officer shall maintain separate file for each case and shall record in his file about each deposit. He shall maintain copies of all documents, petitions and papers filed into the court by him and the other side, and the Land Acquisition Officer shall give him all necessary assistance in the matter] [Deemed to have been substituted w.e.f. 1.1.1998 by notification No. LAW 266 LAM 96, Dated: 23.2.1998].(8)The Land Acquisition Officer shall not deposit the enhanced compensation in court without obtaining orders of [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] regarding the feasibility of filing an appeal against the order of the court. He shall not deposit the enhanced compensation in court if decision has been taken to file an appeal. If the Land Acquisition Officer is compelled to deposit the enhanced amount in court in a case where decision has been taken to prefer an appeal against the award. the amount so deposited, shall not be allowed to be drawn by the party unless adequate security is given for such amount. The Land Acquisition Officer shall verify whether the party is financially capable of repaying the amount of enhanced compensation before allowing him to withdraw the amount and file necessary counter statement before the court. He must make every effort to get necessary security. Such a step is necessary to avoid of filing of restitution applications later on. Many instances have come to the notice of the Government where amount has been pay without taking security and where it has become difficult to recover if from him.(9)In cases where orders have been issued to prefer an appeal, the Law Officer concerned shall prepare and file appropriate memorandum of appeal urging all available pleas. It shall be the duty of the Law Officer to move the Appellate Court for an order staying the operation of the judgment and award of the lower court even if there is no direction to do so, from [the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998]. In cases where execution of the award is sought, before the Government could obtain an order of stay from the Appellate Court, it shall be the duty and responsibility of the Land Acquisition Officer to approach the concerned Law Officer to move the trial court for an order of stay to enable the Government to prefer an appeal and obtain suitable orders of stay from the Appellate Court.(10)The provision of rules 8-10 shall Mutatis-Mutandis apply for filing of appeals against the order of the lower court and the conduct thereof before the appellate court.(11)The provision of rules 13 to 15 shall Mutatis-Mutandis apply for filing of appeals and for resisting the appeals against the Government in the Supreme Court.
