MARIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The point concerns the applicability of Section 11-A of the Land Acquisition Act, 1894 (hereinafter called the Central Act, 1894) for the purposes of the Karnataka Acquisition of Land for House Sites Act, 1972 (hereinafter called the Karnataka Act, 1972) (Act 18 of 1973), Appellants contend that the new Section 11-A is attracted to proceedings for land acquisition under the Karnataka Act, 1972 while the respondents contend that the Section 11-A is not so attracted. The High Court has held, in the above decisions that Section 11-A is not attracted to the Karnataka Act, 1972.

(3.) We shall refer to the facts. The appellants claim to be tenants in regard to Survey No. 11, Thyamagondalu Village, Nelamangala Taluk, of an extent of 10 acres 27 guntas. The said land was endowed to Sri Rama Devaru. Under Section 5 of the Karnataka Land Reforms Act, 1961, the Land Tribunal is said to have conferred occupancy rights on the appellants on 27-8-1975. Some issues regarding cancellation of the 3rd appellant's right are said to be still pending. Notification dated 19-12-83 under Section 3(1) of the Karnataka Act, 1972 was published in the gazette on 9-2-84. Thereafter notification under Section 3(4) was published in the gazette on 14-3-85. On 17-6-85, the 3rd appellant filed Writ Petition No. 9079 of 1985 and stay of dispossession was granted on 1-7-1985. Appellants 1 and 2 filed Writ Petitions and similar orders were passed on 8-7-85 and 9-7-1985. On 31-7-90, Writ Petition of 3rd appellant was dismissed. On 1-2-91, Writ Petitions of appellants 1 and 2 were also dismissed. Thereafter, fresh Writ Petitions Nos. 23657 to 59 of 1992 were filed on 10-1-1992 and stay of dispossession was again granted on 1-2-1992 provided that possession was not taken. On 23-7-96, the said writ petitions were dismissed by the learned single Judge. In the Writ Appeals Nos. 8451-53, the Court again ordered on 30-9-96 stay of dispossession. On 11-6-1997, the Writ Appeals were dismissed. In case it is to be held that Section 11-A of the Central Act, 1894 is to be applied to the Karnataka Act, 1972, even if the period of stay orders is excluded, the position is that the 2 years period specified in Section 11-A has expired inasmuch as till now no award has been passed. The appellants are said to be in possession still.