GANGAMBIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are said to be the owners of lands bearing Survey No. 30, measuring 2 acres and 14 guntas and land bearing Survey No. 34/1, measuring 2 acres and 7 guntas situated at Shivanahalli, Yelahanka Hobli, Bangalore North Taluk. It is stated that by a notification issued under Section 4 of the Land Acquisition Act, 1894 (Hereinafter referred to as the 'LA Act', for brevity) dated 30.3.1990, it was proposed to acquire a total extent of 24 acres and 5 guntas of land in Jakkur and Shivanahalli villages. Lands bearing Survey No. 31 (1 acre and 14 guntas) and Survey No. 34/1-2 (2 acres) were notified, along with 18 other items of land.

(2.) The petition is contested by the third respondent. It is contended that the petition is barred by delay and laches. It is pointed out that after the dismissal of the appeal filed against the Order allowing the writ petition filed by the mother of the petitioners, a review petition filed in RP 494/2000 was said to have been allowed by an order dated 28.1.2005. The same had been challenged by the petitioners by way of Special Leave petitions (SLP 12774 & 12775/2005) to the apex court and the same had been dismissed by order dated 14.7.2005. It is claimed that it was after the dismissal of the petitions before the apex court that the Special Land Acquisition Officer had handed over possession of the land as on 28.11.2007. The land having vested in the State, the reliefs claimed by the petitioners are incapable of being considered.