NARAYANA SETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE subject matter of these acquisition proceedings is land bearing Survey No. 114/2 measuring 10 Acres 15 Guntas situated at Krishnarajapura, Krishnarajapuram Hobli, Bangalore South Taluk, bangalore District (hereinafter referred to as the schedule property ). The said land originally belonged to one Sri Subbaiah Setty. On his death, his legal heirs have succeeded to the estate. However, in the revenue records, the name of Subbaiah Setty continues. Therefore, in the proceedings initiated for acquisition, only the name of subbaiah setty finds a place. The first petitioner is the grand son of Subbaiah setty. He has preferred these Writ Petitions purporting to represent the estate of deceased Subbaiah Setty. The petitioners 2 to 9, claims to be the owners of either small bits of land or small houses situated in and around the schedule property. All of them have joined together in these proceedings to challenge the acquisition of the schedule property on various grounds.

(2.) THE schedule property was notified for acquisition by the second respondent for the purpose of establishment of Kaveri IV stage Sewerage Treatment Plant (for short referred to as S. T. P. ). The preliminary notification was issued on 28. 5. 1999 as per annexure-X. Having regard to the urgency, Section 17 (4) of the Land acquisition Act (hereinafter referred to as the Act ) was invoked dispensing with the enquiry contemplated under Section 5-A of the act. However, the first petitioner filed his statement of objections opposing the acquisition. After considering the objections, overruling the same, final notification came to be issued on 11. 4. 2000 as per annexure-Y. Thereafter, notices under Sections 9 and 10 of the Act were issued on 3. 6. 2000 to the first petitioner, who was duly served with the same on 10. 6. 2000. The petitioner and four other persons- claimants of the schedule land, appeared before the Land acquisition Officer and claimed compensation for the land acquired at the rate of Rs. 40 lakhs per acre. The Land Acquisition Officer, after an enquiry, passed an award on 21. 10. 2000 awarding a sum of Rs. 1,45,29,267-69 as the compensation which has been approved by the Government on 4. 9. 2001. As there was dispute regarding apportionment and to the title of the property, he referred the matter to the Civil Court under Sections 30 and 31 of the Act and deposited the compensation amount. Subsequently, possession of the schedule land has been taken on 2. 11. 2001. The claimants before the Land acquisition Officer, including the petitioner, not being satisfied with the award of compensation have filed an application under Section 18 of the Act seeking reference to the Civil Court for enhancement of compensation. These facts are not in dispute.

(3.) THE brief background of these acquisition proceedings are relevant for the proper appreciation of the facts. There was/is several public out cry and demand to keep the tanks/lakes in and around bangalore free from all sorts of pollution and contamination of water and stop the health hazard. Public Interest Litigations were initiated in this regard. It was alleged in those public litigations that there is pollution of water and air due to the fact of not regulating the flow of open drainage water and also sewerage discharged from the residential localities, particularly of hutment areas of the Bangalore city. The entire sewerage is flowing to all the tanks within the bangalore City and adjoining to Bangalore City causing air pollution which is disastrous to the residents of the City and due to emission of polluted air and consuming unhygienic water is causing great hardship to the residents of Bangalore City.