T G SHANTHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners being the owners of land in question are knocking at the doors of writ court with the following principal prayer:

(2.) Learned AGA appearing for the State opposes the Petition contending that by very nature, the acquisition process of the kind would take a pretty long time for its fructification; till the land vests in the State pursuant to acquisition, no compensation can be awarded nor any ex gratia payment be made; thus, the land owners have to inevitably wait, and at times a bit longer than usual since huge lands are preliminarily notified for acquisition. He also highlights that law abhors any transaction being made in respect of the property once the Preliminary Notification is issued under Sec. 28(1) of the Land Acquisition Act, 1894.

(3.) Learned Panel Counsel appearing for the KIADB has filed the Statement of Objections with appreciable hurry regard being had to the urgency involved in the matter; he resists the writ petition contending that it is not possible to expedite the acquisition process since there is a lot of resistance and agitation from other land owners; added there are issues with the link road to be formed for the project in contemplation; even otherwise this acquisition is being comprehensively reviewed at the hands of higher ups and therefore the petitioners have to wait. He too tells that there is no provision in the 1966 Act to pay interim compensation pending completion of the acquisition process.