ANKAPPA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) In this petition, petitioner seeks quashing of the impugned acquisition proceedings pursuant to the preliminary notification dtd. 16/7/1988 and final declaration dtd. 19/1/1989 issued by the respondents and for other reliefs.

(2.) The material on record discloses that on 16/7/1988, the respondents issued a preliminary notification under Sec. 4(1) of the Land Acquisition Act, 1984 (for short 'the L.A.Act') proposing to acquire 125 acres of land including the subject lands of the petitioners for the purpose of establishing a High Technological Park by the Defence Department. Subsequently, an additional 2 acres 36 guntas was added to the acquisition and a final notification dtd. 19/1/1989 was issued under Sec. 6(1) of the L.A.Act by invoking the urgency clause under Sec. 17 of the L.A.Act and by dispensing with the enquiry required under Sec. 5-A of the L.A.Act. Subsequently, the award was passed on 10/5/1990 and possession was taken on 24/7/1989. As per the award, compensation was fixed at Rs.1,30,000.00 per acre payable in favour of the petitioners and other land losers. Subsequently, being dissatisfied with the award, petitioners filed reference applications under Sec. 18 of the L.A.Act seeking enhancement of compensation and the same was allowed by the reference Court vide order dtd. 13/8/1998, which increased the compensation to Rs.2,48,000.00 per acre. The respondent - beneficiary challenged the said awards of the reference Court in MFA No.5403/1999 & connected matters which were referred to the High Court Lok Adalat. On 27/8/2001, the appeals were settled between the petitioners and respondents reducing the compensation payable from Rs.2,48,000.00 as determined by the reference court to Rs.2,22,000.00 together with all statutory benefits in full and final settlement of the claim of the petitioners.

(3.) It was relevant to state that the said settlement before the Lok Adalat was arrived at pursuant to the joint memo filed by the petitioners and the respondents. Subsequently, the petitioners and other land losers raised certain objections with regard to calculation of statutory benefit which were disputed by the respondents and the matter came up before the Lok Adalat once again on 6/5/2002, whereby the Lok Adalat noted that since the matters had already been disposed of by settlement, if the claimants - petitioners were not satisfied with the calculation or deposit, it was open for them to levy execution so that the Executing Court can pass appropriate orders.