ARAVIND Vs. SPECIAL LAND ACQUISITION OFFICER KIADB

JUDGEMENT

(1.) THE petitioners are the owners of 21 acres 28 guntas of lands in Sy. Nos. 165/1 and 166 of m. T. Sagar village in Hubli Taluk. The said lands had been acquired by the Karnataka Industrial areas Development Board. Being not satisfied with the compensation paid, petitioners made representation as per Annexure-H seeking to pay proper market value for the acquired lands. The said request is rejected under Annexure-J dated 22-11-2003 on the ground that the amount has been paid as per the agreement under Section 29 (2) of the Karnataka Industrial Areas development Act, 1966 (here in after referred to as the Act' ). Petitioners are seeking to quash the same and to permit them to seek reference under Section 18 (1) of the Land Acquistion Act.

(2.) STATEMENT of objections is filed on behalf of the first respondent justifying the impugned communication. The reason mentioned in the impugned communication is reiterated and prayer is made for dismissal of the writ petition.

(3.) THE facts are not in dispute. The petitioners asserted that the amounts they received were mere advance and it was not towards full and final settlement of compensation amount in respect of their lands acquired for the benefit of KIADB as the same was not determined by the Deputy commissioner as required in law. The amounts so received by the petitioners were without prejudice to their rights to collect market value of the lands acquired by the State, the above said fact were mentioned in the receipt when they have received the amounts from the KIADB. The petitioners have produced the document marked as Annexure-K, the order passed by the reference Court in LAC 58/ 1987 in respect of other lands of the same village which were notified in the Preliminary Notification along with the petitioners. The market value of those lands is fixed at Rs, 21,000/- per gunta and all other benefits as provided under the provisions of l. A. Act, such as additional market value at 12%, solatium at 30%, interest etc. , Petitioners are claiming the same amount and benefits for which they are entitled in law in respect of their lands, which application was rejected by the first respondent by issuing the impugned endorsement marked as Annexure-J in this Writ Petition.