SPL LAO Vs. HUCCHAIH

JUDGEMENT

(1.) The legality and correctness of the order passed by the Learned Single Judge in W.P. Nos. 31857-887/2011, dated 05.09.2011, is called in question in these appeals. The facts leading to these appeals are as hereunder:

(2.) In the circumstance, a committee was constituted by the Government under the Chairmanship of Additional Commissioner, Deputy Commissioner, Chief Engineer and other officers to inspect all the affected villages in the taluk of Channarayapatna, Holenarasipura, K.R. Pet in Hassan, Mandya and Madikeri Districts. They gave a detailed report about the villages affected on account of seepage and they categorized all the villages into three categories. According to the report, some of the villages are to be shifted on account of seepage and some of the villages were partly affected and only those affected houses are to be rehabilitated and some of the villages were not required to be shifted and curative measures were suggested by the committee. Accordingly, the report was accepted by the Government on 25.05.1993.

(3.) Several years later, a notification was issued to acquire the existing houses of Bheemanahalli village under Section- 4(1) of the Land Acquisition Act, as per Annexure-A of the writ petition and final notification was issued after holding an enquiry as required under Section- 5(a) of the Act. On 18.06.2001, notice under Section- 9 was also issued to all the villagers and without passing an award as required under the Land Acquisition Act based on the subsequent report of the committee constituted later, an award was not passed. Therefore, representations were given by the villagers to pass an award and pay compensation to them. Since they are unable to reside in their houses on account of seepage and by that time several houses were already collapsed.