SUSHEELAMMA Vs. SECRETARY TO GOVT DEPARTMENT OF REVENUE

JUDGEMENT

(1.) Writ Petitioners being seven in number claim to be owners of small extents of agricultural lands and that they belong to weaker sections of the society and it is their version that they have no other means of livelihood except the avocation of tilling their lands, growing crops for their sustenance, etc.

(2.) Petitioners claim that in respect of such lands and other lands the Government of Karnataka, it appears, had caused issue of a preliminary notification bearing No. Ka.Gru.Mum.Bhu.Swa.V. 65/2006-07, dated 29-8-2006 under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the LA Act') which was published in the Karnataka Gazette, dated 14-9-2006 copy produced as Annexure-A to the petition. On a perusal of the records placed before the Court by the 3rd Respondent-Smt. Rajamma, Special Land Acquisition Officer, it is found that the very notification has been subsequently published in 2 Kannada Local News dailies viz., "Janata Madhyama" and "Kannada Prabha" on 2-11-2006. It is the version of the Petitioners that Petitioners in terms of representations dated 23-11-2006, copies produced as Annexures-D, Dl, D2 and D3 to the petition, had given representations objecting to the acquisition proceedings inter alia representing that their lands are very fertile, agricultural lands; that it is their only source of livelihood; that there is no need to acquire such lands; that other lands are available and that acquisition proceedings in respect of their lands should be dropped etc.

(3.) The complaint of the Petitioners is that notwithstanding the representations by them, they have neither been heard nor their objections taken note of by the State Government, but, nevertheless having gone ahead by issue of a declaration No. Kam.E.57 Bhu.Swa.Haa.2007, dated 6-3-2008 under Section 6(1) of the L.A. Act, 1894, as per Annexure-E to the petition, the Respondent 3 is taking steps for passing an award etc., and proceeding further. Apprehending that they Will be dispossessed from their lands, the Petitioners have approached this Court praying for the following relief: