SPECIAL LAND ACQUISITION OFFICER Vs. SRINIVASA M.

JUDGEMENT

(1.) Mr.S.A.Ahmed, learned counsel for the appellant. Smt.Sukanya H.D., learned counsel for the respondent.

(2.) Respondent Nos.1 to 5 filed a writ petition directing the appellant to consider their grievance with regard to payment of compensation and to award interest for the period of delay in making payment of compensation. However, during the pendency of the writ petition, the Board on 25/10/2018, deposited the amount before the Civil Court. It appears that there was a dispute between the parties with regard to title of the land. It is not in dispute that the Reference Court subsequently vide judgment dtd. 20/6/2020 passed in LAC No.94/2018, has found that respondent Nos.1 to 5 have no title in respect of land measuring 2 acres in Sy.No.45/2 of Bhyalalu Village, Tavarekere Hobli, Bangalore Taluk. It is also not in dispute that against the aforesaid order, respondent Nos.1 to 5 have not preferred an appeal and the aforesaid order has attained finality. Therefore, on account of subsequent events which have taken place after the filing of the writ petition as well as this writ appeal, since the respondent Nos.1 to 5 do not have a title in respect of land acquired, they cannot claim compensation. Consequently, grant of interest to them also does not arise. Therefore, order passed by the learned Single Judge dtd. 9/11/2018 cannot be sustained in the eye of law. It is accordingly set aside.