R. ANNADANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these writ petitions under Articles 226 and 227 of the Constitution of India, the petitioners have sought for writ of mandamus directing the respondents to pass an award in respect of the land bearing Sy. No. 11 measuring 1 acre 23 1/2 guntas acquired under notification dated 3-6-1999 based on the market value which was prevailing as on the date of filing the writ petitions. Briefly stated, the facts are:

(2.) The respondents 2 and 3 have filed their statement of objections contending that the writ petitions are not maintainable. The land of the petitioners and others in Sy. No. 11 of Uttarahalli Manavarthekaval Village was notified for acquisition vide preliminary notifications published in the Gazette dated 3-6-1999 and 23-3-2009. After conducting enquiry, final notifications were published in the Gazette on 8-4-2003 and 2-6-2009. Thereafter, the Board has fixed the compensation at the rate of Rs. 6,00,000/- per acre as agreed rate. In fact, nine persons have accepted the compensation in respect of the land in Sy. No. 11 of Uttarahalli Manavarthekaval Village.

(3.) On 21-6-2005, Sri T.N. Ramaiah, the father of the petitioners and Sri Lingappa, the brother of Ramaiah, who were the owners of certain extent of land in Sy. No. 11/2 have submitted their request to pay the compensation after taking actual measurements. Thereafter, survey has been conducted and it was found that Ramaiah was in possession of 1 acre and 25 1/2 guntas of land and Lingappa, the brother of Ramaiah was in possession of 1 acre of land and Krishnappa, the other brother of Ramaiah was in possession of 8 guntas of land. Based on the survey, Lingappa has received compensation for 1 acre on 24-10-2005. But, T.N. Ramaiah, the father of the petitioners has not produced the documents to receive the compensation. Thereafter, letters have been sent as per Annexures-R1 and R2. Notices sent on 25-10-2005 have been returned unserved. The father of the petitioners having agreed to receive the compensation has not produced the records or come forward to receive the compensation. The acquiring authorities have sent notices to conduct award enquiry. The notice sent to T.N. Ramaiah on 9-6-2009 has been returned. The brothers of Ramaiah have received the compensation at the agreed rate. The first petitioner was aware of the acquisition and compensation fixed. Copy of the notice issued on 17-10-2005 determining compensation at Rs. 9,82,500/- for the land of T.N. Ramaiah is produced as Annexure-R3. Therefore, the respondents 2 and 3 have prayed for dismissal of the writ petitions.