K SULOCHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN both these writ petitions, the petitioners are challenging the very same acquisition proceedings on identical grounds. Therefore, they are taken up for consideration together and disposed of by this common order.

(2.) THE subject matter of Writ Petition No.4536/2004 is land bearing Sy.No.59 measuring 3 acres 13 guntas situated in Jaraganahalli village, Uttarahalli Hobli, Bangalore South Taluk. At a partition, the said property fell to the share of one Sri T. Krishna Reddy, the husband of the first petitioner and father of petitioners-2 to 4. The said Krishna Reddy died on 2-3-1999. After his death, the petitioners have succeeded to his estate.

(3.) THE aforesaid Survey Nos.57, 58 and 59 were notified for acquisition under Section 4(1) of the Land Acquisition Act (for short hereinafter referred to as the "Act ") on 19-3-1983. It was published in the Karnataka Gazette on 31-3-1983. C. Ramu and his brother Swaminathan filed their objections to the said acquisition, whereas, Krishna Reddy did not file any objections. In fact, three survey numbers measuring in all, 12 acres 14 guntas were notified for acquisition for the purposes of providing residential quarters for the staff of Geological Survey of India at Bangalore, the fourth respondent in the writ petitions. After enquiry, the objections were overruled and final notification came to be issued on 11-9-1984 under Section 6(1) of the Act. It was published in the official gazette on 22-11-1984. C. Ramu along with Swaminathan preferred a writ petition challenging the aforesaid acquisition in W.P.No.6309/1985. An order of stay came to be passed in the said writ petition on 18-4-1985. The said interim order reads as under: