(1.) In all these writ petitions, the petitioners have challenged the common preliminary and final notification's dated 29.12.2012, 16.2.2012, 17.3.2014 and 27.6.2013 issued to acquire the lands in various survey numbers in different villages of Haveri District for the purpose of Upper Thunga Project. Since common questions of law are involved, they are clubbed, heard together and the common order is passed.
(2.) All the petitioners, who claim that they are agriculturists and have different extent of lands in different survey numbers of Kallihal, Totada Yallapur, Nelogal and Kanakapur villages, Haveri Taluk and District are before this Court challenging the validity and legality of the notifications issued by the respondent Nos. 2 and 3 under the provisions of Sections 4(1) and 6(1) of the Land Acquisition Act (for short hereinafter referred to as 'the Act') to acquire the lands for the purpose of Upper Tunga Project contending that respondent Nos. 2 and 3 issued notifications to acquire the lands dispensing with the enquiry under Section 5-A of the Act invoking the provisions of Section 17(1) and (4) of the Act. Based on the said notifications, no personal hearing/opportunity was afforded to them in opposing the proposed acquisition as required under the Land Acquisition Act. Further neither the physical possession of the lands in question is taken nor the award has been passed as required under the law. Even the compensation amount also is not paid to them. When the things stood thus, the respondents have illegally without any authority of law have commenced their digging work for the execution of the work order given by respondent Nos. 4 and 5 to their respective contractors.
(3.) The petitioners further contended that respondent Nos. 2 and 3 without compliance of mandatory provisions of Section 5-A of the Act have issued 6(1) notifications on 17.3.2014 and 27.6.2013 and have acquired their lands and the final notifications were issued after the expiry of one year from the date of publication of the preliminary notifications dated 29.12.2012 and 16.2.2012. Therefore time taken by the authority for making fresh declaration in respect of the lands notified for acquisition is also barred by limitation. Hence, the entire, proceedings have lapsed. The final notification dated 17.3.2014 was published in the Official Gazette on 3.4.2014 almost beyond the period of one year from the date of the preliminary notification dated 29.12.2012.
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