A. NAGARAJU AND OTHERS Vs. SPECIAL LAND ACQUISITION OFFICER, THE DEPUTY COMMISSIONER, THE MANAGING DIRECTOR AND STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have called into question the gazette notification, dated 22.3.2012 (Annexure -F) publishing the first respondent's proceedings drawn on 14.3.2012. The first respondent has held that the amounts paid in excess of the petitioners' entitlement has to be recovered from them with interest. It states that some persons have received the compensation for the Government land, which they have encroached. Sri P. Mahesha, the learned counsel for the petitioners submits that the impugned notification is issued in violation of the principles of natural justice. The petitioners are not put on notice. He submits that the impugned notification is without the authority of law and without jurisdiction. He submits that once the first respondent passes the order, he becomes functus officio. He cannot change his award. He submits that the petitioners did not accept the award of the first respondent. They indeed sought the reference and in the reference proceedings (L.A.C.s), the market value is enhanced. Against the awards passed by the Reference Court, the respondents have filed Miscellaneous Appeals (L.A.C.) before the District Court, Mandya.

(2.) THE learned counsel submits that the first respondent claims to have drawn the impugned proceedings pursuant to the Division Bench's judgment, dated 16.12.2011 (Annexure -E) passed in W.A. No. 5508/2011 and W.A. Nos. 15662 -673/2011. He submits that the said order has nothing to do with the first phase acquisition for Bangalore -Mysore four lanes State Highway nor were the petitioners parties to the said appeal proceedings.

(3.) HE submits that in the course of making the survey for measuring the lands in second phase acquisition, the discrepancies regarding the first phase acquisition are noticed. He submits that those who have taken the compensation for the Government lands are obliged to return the amounts.