KRISHNAPPA, SRI. CHANDRAPPA, SRI. JAYARAM AND RAMACHANDRA Vs. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE, THE DEPUTY COMMISSIONER, THE ASSISTANT COMMISSIONER AND SPL. LAND ACQUISITION OFFICER MADUGIRI SUB-DIVN. AND THE TOWN PANCHA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned counsel for the respondents. These petitions are considered and disposed of by this common order, having regard to the facts and circumstances.

(2.) THE petitioners in the first of these petitions, are said to be the legal representatives of the owners of land bearing Sy. No. 64 of Koratagere Kasaba measuring 17 acres 10 guntas. One Chowdaiah, the original owner, died in the year 1991 and the petitioners have succeeded to his estate as joint owners and have filed the common petition. The land in Sy. No. 64 was said to be inam land and governed under the provisions of the Religious and Chartable Inams Abolition Act, 1955, and the petitioner's father was said to be a permanent tenant who was granted occupancy rights by the Tribunal and therefore was the owner thereof, under whom the petitioners claim.

(3.) INSOFAR as the earlier notification proposing to acquire 3 acres 2 guntas of land was concerned, the petitioners did bring it to the attention of the authorities that Chowdaiah was no more and the proceedings initiated, lacked jurisdiction. However, the respondents had proceeded further. Insofar as the subsequent notification for acquisition was concerned in respect of 8 acres 8 guntas, a corrigendum dated 21/4/2006 was issued, which was duly gazetted on 11/5/2006, to correct the notification issued, as pertaining for the purpose of garbage disposal in respect of constructing a channel for the Hemavathi river. However, inspite of several discrepancies, the authorities sought to proceed further on the basis of the above notifications. Though the -final notification was published in the official gazette on 16/10/2006, no further developments have been taken place. Though there were proposals to delete the land from acquisition proceedings on the footing that there were alternative lands available, no such measure was taken and after further correspondences, awards were passed in respect of respective acquisition of the said lands under the aforesaid proceedings, by awards dated 21/6/2008 and 14/11/2008 respectively. It is at that stage that the present writ petition came to be filed.