BASAVANNAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) DECEASED Basavannappa was the owner of 20 guntas of land in Sy. No. 132/2 situated at Gotur Village of Chittapur Taluk. Petitioners are his legal heirs.

(2.) LAND of the petitioners was taken over by the respondents in the year 1977 for the formation of a road from Mudgal to Kodla. Though the land of the petitioners was taken over for the formation of road, the same was not notified and acquired in accordance with law. Subsequently, notification under Section 4 (1) of the Land Acquisition act, 1894 was issued on 23-10-1992 without including the petitioners' land and thereafter petitioners requested the respondents to include the land of the petitioners for acquisition on the ground that their land was also taken over for the formation of a road. Subsequently, a notification was issued as per Annexure-D including the land of the petitioners which was taken over for the formation of the road. Thereafter, an award was passed as per Annexure-F, dated 28-10-2002 and the same was sent for approval by the LAO to the Deputy Commissioner. Subsequently, instead of paying compensation to the petitioners, an endorsement has been issued as per Annexure-K, dated 1-4-2003 stating that compensation cannot be paid to the petitioners since proceedings have been dropped under Section 11-A of the Land Acquisition Act. Challenging the said order, present petition is filed.

(3.) HEARD the learned Counsel for the petitioners and the Government pleader for the respondents.