DODDANANJAPPA Vs. UNION OF INDIA, BY ITS SECRETARY, MINISTRY OF DEFENCE, SENA BHAVAN, NEW DELHI - 110001, STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560001, THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DI

JUDGEMENT

(1.) THE petition coming on for Preliminary Hearing in the 'B' Group, is considered for final disposal having regard to the facts and circumstances. It is the case of the petitioners that they and their children are the absolute owners of land bearing Sy. No. 112 (New Sy. No. 112/P23) of Jyothipura Village, Bidarahalli Hobli, Hosakote Taluk, Bangalore Rural District (presently Bangalore East Taluk, Bangalore District). It is claimed that the property in Sy. No. 112, New Sy. No. 112/P23 was granted to the father of the petitioners, one late Doddanna, S/o. late Kempanna in Darkasth proceedings and a Saguvali chit was also issued in his favour. Subsequently, the land was now assigned a new survey number. The revenue records reflected the name of the father of the petitioners and after his demise, that of the petitioners. The petitioners' claim that they had continued in occupation of the property till recently, immediately preceding the petition. It is alleged that the Department of Defence, represented by the first respondent herein has proceeded to acquire large extents of lands including the above, under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for brevity) and even though it is found in retrospect that a notification under Section );">4 of the Act was issued indicating the above land as one of the items of land proposed to be acquired, the declaration under Section );">6 of the Act did not contain the item and notwithstanding the same, in purported pursuance of the acquisition proceedings, the entire area has been fenced -off with a compound wall and the petitioners are prevented from even entering their land any more.

(2.) IT is the grievance of the petitioners that though the land has been illegally acquired, the petitioners have no choice, but to give up the same in view of the land having been acquired by the Ministry of Defence and it being rendered impossible for the petitioners to access their land any more, and in that light of the matter, seek appropriate compensation even if the petitioners are to lose the land in the manner aforesaid. In this regard, the learned counsel for the petitioners places before this Court a recent decision of this Court in W.P. No. 25704/2009 between K.C. Ramesh and the Special Land Acquisition Officer and others, rendered on 28.03.2012, wherein in identical circumstances, this Court had directed that since the declaration under Section );">6 of the Act did not indicate the land of the petitioners therein, as being included in the acquisition proceedings, this Court had directed that there be a survey of the lands in question and if the land of the petitioner therein had been utilised for the purpose of acquisition, he should be paid appropriate compensation.

(3.) SINCE the respondents have initiated proceedings for acquisition of the lands in question for the benefit of the first respondent, the respondents shall ascertain the bona fides of the petitioners and the veracity of their claim and to take appropriate steps to grant compensation in respect of the extent of land acquired. Therefore, the respondents shall take appropriate steps to notify the claim of the petitioners and thereafter to process their claim and to award compensation, in accordance with law. This exercise shall be completed within six months. Since the petitioners have made a representation in terms of Annexure -"J" and have produced the relevant documents, the same shall be considered by the competent authority and if any other documents are necessary, the petitioners shall be called upon to furnish the same and after affording them an opportunity of hearing or on such other claimants having appeared, on a notification being issued in this regard, the respondents shall decide the claim of the petitioners and award appropriate compensation, in accordance with law.