Y U KRISHNAPRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The learned single Judge of this court has referred the matter to the Division bench for consideration on 27.01.2011, the writ petition is posted before us for hearing.

(2.) In this writ petition the petitioners have sought for the following reliefs:

(3.) In the writ petition, the petitioners have contended that on 22-8-2008, the 4th respondent published a notification in the local newspaper stating that the State Government acquired 178.38 acres of land situated at Kodigehalli, Kotihosahalli and Byatarayanapura village in favour of the 4th respondent-Society. Notification under Section 16(2) was published in the year 1991, 1992 and 13-6-2002 for 178.38 acres of land. The BDA had approved the modified layout plan known as "RAJIV GANDHI NAGARA" and the sites formed in the layout had been allotted to the members, katha had been issued in favour of many of the members. However, some anti-social elements are trying to encroach upon the said land. IN the notification, the publics are warned not to purchase land acquired for the 4th respondent. The petitioners contended that they came to know that the land bearing Sy.Nos. 13/2A and 13/2B were acquired by the State Government and preliminary notification has been issued on 3-1-1985 and the same was gazette on 4-1-1985 for acquiring 322 acres of the land situated at all the three villages referred to above. Thereafter, after holding necessary enquiry under Section 5A of the Land Acquisition Act, the final notification was issued on 22-9-1986 to an extent of 210 acres. The consent award has been passed in respect of various items of the land including the land bearing Sy.No.13/2A and 13/2B on 31-1-1989. The landlords have not objected for acquisition of the said land. Thereafter, compensation has been paid and possession of the major extent of the land including the lands in dispute were taken by the state Government and 16(2) notification was issued on 12-4-1991 and 4-11-1992. However, an extent of 171 acres of the land was handed over to the 4th respondent-society.