MURUGESH MUDALIAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE owners of the acquired land being aggrieved by the order of the learned Single Judge dated 23-7-2002 passed in Writ Petition Nos. 6522 to 6524 of 1998 have preferred Writ Appeal nos. 4916 to 4918 of 2002 whereas, the Bangalore Development Authority (for short, 'bda')being aggrieved by the order of the learned Single Judge dated 18-7-2002 passed in Writ Petition no. 30558 of 2000 (Smt. Andalamma v. State of Karnataka and Ors. ILR2003 KAR 1466 has preferred Writ Appeal No. 4899 of 2002. Since the dispute brought before the Court in both the set of writ appeals relate to the same subject land, we clubbed both the appeals, heard them together and they are being disposed of by this common judgment.

(2.) THE mother of the appellants in W. A. Nos. 4916 to 4918 of 2002 viz. , late Smt. Andalamma was the owner of 3 acres 8 guntas of land comprised in Sy. No. 20/1b of Madivala Village, bangalore South Taluk. The said land was sought to be acquired by the Government for formation of Koramangala Layout by issuing preliminary notification dated 26-11-1959 under section 4 (1) of the Land Acquisition Act, 1894 (for short, 'the Act') and declaration under section 6 (1) of the Act dated 28-9-1965 published in the Official Gazette on 7-10-1965. The award was passed in the said proceedings on 2-9-1969. But, that award was approved by the government only on 5-9-2000. The mother of the appellants in W. A. Nos. 4916 to 4918 of 2002 assailed the above land acquisition proceedings by filing Writ Petition No. 30558 of 2000 by contending that the acquisition proceedings initiated under the Act had lapsed on the ground that no award was passed within two years from the date of final declaration as required under section 11-A of the Act. The learned Single Judge, accepting the above contention as valid ground to nullify the acquisition proceedings, allowed the writ petition and declared that the land acquisition proceedings initiated by the Government had lapsed, because, the Land Acquisition officer had failed to pass award within a stipulated period, by judgment and order dated 18-7-2002. The BDA being aggrieved by the said judgment of the learned Single Judge, has preferred Writ Appeal No. 4899 of 2002.

(3.) AGAIN, 2 acres 35 guntas of land out of 3 acres 8 guntas of land in Sy. No. 20/1b of Madivala village, Bangalore South taluk (for short, 'the Schedule land') was sought to be acquired by the state Government by issuing preliminary notification dated 14-9-1995 under Section 4 (1) of the act and final notification dated 27-9-1996 under Section 6 (1) of the Act for the benefit of the indian Institute of Astrophysics (for short, 'the Institute')-4th respondent in Writ Appeal Nos. 4916 to 4918 of 2002 for construction of residential quarters for its staff. These proceedings were also assailed by Smt. Andalamma and her children in Writ Petition Nos. 6522 to 6524 of 1998. It appears that certain others who had obtained sale agreements from the owners also filed writ Petition Nos. 31941 and 31942 of 1997. The learned Single Judge clubbed both the set of writ petitions and heard them together and disposed of the same by common order dated 23-7-2002. The learned Single Judge dismissed the writ petitions. Since Smt. Andalamma, petitioner in W. P. No. 6525 of 1998, died during the pendency of the proceedings, the other petitioners who are her sons, preferred Writ Appeal Nos. 4916 to 4918 of 2002 being aggrieved by the order of the learned Single Judge.