MUNIHANUMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed seeking for following relief:

(2.) Sri Bipin Hegde, learned counsel appearing for petitioners submitted that petitioners were legal heirs of deceased Munihanumaiah, owner of land bearing Sy.no.58/2 of Challaghatta Village, Kengeri Hobli, Bangalore, South Taluk, measuring 01 Acre and 36 guntas. It was submitted, said land was acquired by Bangalore Development Authority ('BDA' for short) for formation of Nada Prabhu Kempegowda Layout under Preliminary Notification dtd. 21/5/2008 and Final Notification dtd. 18/2/2010, respectively issued under provisions of Bangalore Development Authority Act ('BDA Act' for short). And when notices were issued to interested persons including petitioners, they had filed claim statement on 19/9/2010 to fix compensation and pay it to them. It was submitted, BDA failed to consider same and award was not passed as required under Sec. 12 of Land Acquisition Act, 1894 ('LA Act' for short).

(3.) When respondent no.4 - ALAO did not pass award even till year 2013, petitioners filed W.P.no.34161/2016 for direction to consider their claim statement and pass award. Said writ petition was disposed of on 30/9/2013 (Annexure-D), directing claim statement to be considered within a period of eight weeks. Despite said direction, no award was passed and there was violation of Sec. 11-A of LA Act constraining petitioners to file present writ petition.