H N SADASHIVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE petitions are heard and disposed of by this common order as the petitioners claim to be similarly aggrieved and have preferred these petitions on common grounds.

(2.) THE petitioners in these several petitions are said to be land owners, whose lands were the subject matter of acquisition under the provisions of the Land Acquisition Act, 1894 (Hereinafter referred to as the 'LA Act', for brevity). The preliminary notification under Section 4(1) of the LA Act was said to have been issued on 20.2.1996 and the final declaration under Section 6(1) of the LA Act was said to have been issued on 29.8.1997. The total extent of land sought to be acquired was said to be 87.23 acres of Dakshinanala, Holenarasipura Taluk. The acquisition was said to be for the formation of a residential layout by the Holenarasipura Town Municipality.

(3.) THE respondent - Holenarasipura Town Municipality has filed statement of objections to contend that the Municipality had resolved in the year 1995, to send a proposal to the State Government to acquire about 135 acres of land of Dakshina nala village for the formation of a residential township especially, to house the weaker section of people. It is pursuant to the same that a preliminary notification was issued in the year 1996 proposing to acquire an extent of 87 acres and 23 guntas of land in Survey no.181 of Dakshinanala village and the same was followed by a final declaration under the provisions of the LA Act vide notification dated 18.9.1997. It is claimed that after dismissal of writ proceedings challenging the said acquisition, culminating with the judgment in Writ appeal WA 518 -521/1999 dated 1.8.2001, the proceedings attained finality. That an award was passed on 3.11.1997 after due notice to the land owners. It is further claimed that the Land Acquisition Officer (LAO) and the Assistant commissioner had addressed a letter dated 23.1.1998 to the Tahshildar, Holenarasipura to hand over possession of the acquired lands to the Chief Officer, Town Municipal Council. Accordingly, the possession is claimed to have been handed over on 24.1.1998. It is claimed that thereafter the mutation register entries were effected in favour of the Municipality. Similarly other items of land were handed over to the Municipality on 6.1.1999 and 1.4.2000.