NAGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are knocking at the doors of writ court for assailing the acquisition of their land admeasuring 1 Acre and 13 Guntas in Sy.No.28/2 of Allanahalli village, in H.D.Kote Taluk, Mysore District. Learned counsel appearing for the petitioners vehemently argues that the acquisition has lapsed u/s.11A of the erstwhile L.A. Act, 1894, the award having not being passed within the statutory period and possession also having not being taken. He also points out that no compensation, either, has been paid to his clients. In support of his submission he banks upon decision of Apex Court in MARIYAPPA and OTHERS vs. STATE OF KARNATAKA and OTHERS, AIR 1998 SC 1334.

(2.) After service of notice, the respondents have entered appearance through the learned AGA and resist the writ petition making submission in justification of the impugned acquisition. Learned AGA tells the court that the records of acquisition proceedings are missing and efforts to retrieve the same have failed. However, he asserts that the acquisition has been duly accomplished, by taking possession of the property for the public purpose and compensation too has been paid.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter for the following reasons: