T.K. RAJASHEKAR AND SRI T.K. VEDAMURTHY Vs. STATE OF KARNATAKA, SHIVAMOGA URBAN DEVELOPMENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE petitioners are seeking the relief of declaration that the respondents have no subsisting right in respect of the land in question covered under the preliminary notification, dated 12.08.1996 (Annexure -C) and the final notification, dated 27.08.2001 (Annexure -E). Sri M.S. Prashanth appearing for Sri N.G. Kotre for the petitioners submits that the petitioners' land measuring 4 acres 38 guntas was acquired for the purpose and benefit of the second respondent Shimoga Urban Development Authority for the formation of a housing layout. As the land -acquisition was for a public purpose, the petitioners gave up the possession of 3 acres 38 guntas without resisting the compulsory acquisition. However, the petitioners have retained the possession of the lands measuring 1 acre out of 4 acres 38 guntas. He submits that there is arecanut plantation on the said one acre. Even the second respondent Authority has also passed the resolution in its meeting held on 12.12.2001 (Annexure -F) to give up the one acre of the land from acquisition. He submits that the record of rights evidence that the possession of one acre of land in question is still with the petitioners only.

(2.) SRI A.V. Gangadharappa, the learned counsel for the respondent Nos. 2 and 3 has raised a preliminary objection to the maintainability of this petition. He submits that this petition is liable to be rejected on the short ground of delay and laches. This petition is filed after eleven long years of the issuance of the final notification. He submits that the Government has rejected the resolution passed by the second respondent for the withdrawal of the land from the acquisition. The Government's decision taken on 16.11.2002 (Annexure -G) is communicated to the petitioners. However, they have not chosen to challenge the said decision in the last ten years.

(3.) HE brings to my notice that the petitioners have also filed O.S. No. 3/2008 which came to be dismissed on 31.08.2012.