NICHOLAS VICTOR CUTINHA S/O LATE SEBSTIAN CUTINHA Vs. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY OFFICE OF THE NATIONAL HIGHWAYS AUTHORITY, KIADB, BIKAMPADY MANGALORE-575014 AND OTHERS

JUDGEMENT

(1.) THE question involved in this writ petition is fully covered by the judgment of this Court passed in WP. Nos. 41572 -41576/2011 and connected matters disposed of on 15.12.2011. While disposing of the said writ petitions, this Court has observed thus: - 7. The submissions of the learned counsel have received my thoughtful consideration. As per Section 3E of the said Act, the previsions of which are extra cited supra the amounts as awarded by the Competent Authority are required to be deposited with him. As of now, there is no stay of the Competent Authority's a ward. The respondent No. 2 has to deposit the amount at the rate of Rs. . 60,000/ - per cent It is not in dispute that out of the said sum of Rs. . 1,60,000/ -, a sum of Rs. . 90,000/ - is already deposited with the Competent Authority. The balance of Rs. . 70,000/ - has to be deposited. Such depositing is a condition precedent for taking the possession of the land. On such depositing, the Competent Authority may take the possession of the land from the petitioners. 8. As far as the grievance that the impugned notices are not giving sixty days' time to the petitioners to surrender their possession, it is made clear that they are not entitled to sixty days' notice. As is discernable from the provisions contained in Section 3E of the said Act, the petitioners have to surrender the possession of the lands within sixty days from the date of the service of notice. As the impugned notices are issued about 53 days ago, if the petitioners are asked to surrender the possession of the lands in one week's time from today, they would not be put to any prejudice, provided the pre -requirement of depositing the amount is complied with. It is therefore not necessary to quash the impugned notices. The impugned notices can be acted upon, but only after the respondent No. 2 deposits the balance compensation amounts of Rs. . 70,000/ - per cent Once the petitioners are informed of the depositing of the balance compensation amount of Rs. . 70,000/ - per cent, they shall not delay the act of handing over the possession, as a (a) the acquisition of the land is upheld by no less a Court than the Apex court and (b) in public interest the project of road widening has to take place immediately. From the above, it is clear that this Court did not choose to interfere with the impugned notices therein. This Court has directed that the impugned notices can be acted only after the respondent -National Highways Authority deposits the balance consideration of compensation. It is further observed that once the petitioners are informed the depositing of balance amount of compensation, the petitioners therein shall not delay the act of handing over possession. Learned advocates appearing on both sides, agree that the same order can be passed in this matter.

(2.) LEARNED advocate appearing for respondents 1 and 2 submits that the a sum of Rs. . 90,000/ - per cent is already deposited before the Competent Authority and the balance of Rs. . 70,000/ - per cent would be deposited if not already deposited. Said submission is recorded. Only after depositing balance of compensation amount, the possession of the petition property shall be returned by the petitioner without any delay.