DEVE GOWDA Vs. STATE OF KARNATAKA CHIEF SECRETARY

JUDGEMENT

(1.) THE petitioners in all these Writ Petitions are the residents of Chikkanahalli Village, Hollekote hobli, Holenarasipura Taluk, Hassan District. Consequent on the construction of the Hemavathi left Bank Canal, the vacant sites and houses of the petitioners were affected by the seepage water. In respect of this the Land Acquisition Officer, after notice to the petitioners on their claim application, passed an award dated 25. 8. 2002. This award was approved by the Deputy commissioner on 7. 11. 2002. Thereafter, since the State Government has not paid the compensation, the petitioners have filed these Writ Petitions seeking for a direction to pay compensation as per the award.

(2.) DURING the pendency of these Writ Petitions the Land Acquisition Officer passed a second award dated 6. 6. 2003 at the instance of the Deputy Commissioner, Hassan. The petitioners made application before the Court seeking for amendment of the prayer in these Writ Petitions to quash the second award also. The said application was allowed and an order was passed on 23-10-2003 quashing the second award dated 6-6-2003 and directing the respondents to release the amount of compensation to the petitioners.

(3.) LEARNED Counsel for the petitioners submits that the second award passed by the Land acquisition Officer is virtually a fresh award in place of the first award and therefore, it is without jurisdiction. The Learned Advocate General appearing for the respondents submits that if there is any bonafide mistake in the award, it is open for the Land Acquisition Officer to pass a second award by virtue of the power conferred on him under Section 12-A of the Act as amended by the State Act. Section 12-A of the Act reads as follows :