CHANDRASHEKAR Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Through this common order, we propose to dispose of Civil Appeal No. 1743 of 2006, as also, Civil Appeal Nos. 8899-8901 of 2011. For convenience, the factual position, as has been depicted in Civil Appeal No. 1743 of 2006, has been referred to.

(2.) Gulbarga Development Authority, consequent upon its desire to acquire land for raising a residential layout, issued a preliminary notification under Section 15(1) of the City Improvement Trust Board Act, 1976 on 13.5.1982. Through the aforesaid notification, it was proposed to acquire 144 acres of land falling in the revenue estate of villages Rajapur (71 acres) and Badepur (73 acres). The matter in respect of the acquisition of land crystallized, when the final notification was issued on 14.12.1989. Thereby the land of the Appellants, measuring 8 acres 4 guntas, situated in survey No. 63 of the revenue estate of village Badepur, came to be acquired. Insofar as Civil Appeal Nos. 8899-8901 of 2011 is concerned, the Appellants land measuring 7 acres 7 guntas, falling in survey No. 14/2, in the revenue estate of village Rajapur, was acquired.

(3.) The Land Acquisition Officer announced his award on 7.7.1990. By the aforesaid award, the market value of the land, falling in the revenue estate of village Badepur, was fixed at the rate of Rs. 4,100/- per acre. For the land falling in the revenue estate of village Rajapur, the Land Acquisition Officer, assessed the market value at Rs. 13,500/- per acre. The landowner, Chandrashekar (whose L.Rs. are the Appellants in Civil Appeal No. 1743 of 2006) filed Writ Petition Nos. 15489-496 of 1990 to assail the acquisition proceedings initiated by the Gulbarga Development Authority, by finding fault with the procedure adopted. The High Court of Karnataka (hereinafter referred to as the High Court), while issuing notice, passed an interim order staying dispossession for a period of 3 weeks. By a motion bench order dated 10.8.1990, the interim order passed on 23.7.1990 was continued, "till further orders". Writ Petition Nos. 15489-496 of 1990 came to be dismissed on 12.8.1991. The notification for acquisition of land as also the procedure adopted was held to be in consonance with law.