TOTAWWA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed the writ petitions seeking for issuance of a writ in the nature of mandamus to direct the respondents to initiate acquisition proceedings and to pass an award.

(2.) It is noticed that initially notification was issued under Section 17(1)(4) of the Land Acquisition Act (for short, the 'Act'). It appears subsequently there were negotiations between the petitioners and the State and as the negotiations did not bear fruit, the petitioners filed W.P. Nos. 102559/2016 and 102810/2016 which came to be disposed of on 7th March, 2017. The Court while disposing of the said writ petitions had observed that there was a proposal with respect to outright purchase at Rs. 6 lakhs but the said proposal was not accepted by the petitioners and while noting so, the Court has directed the respondents to pass an appropriate order/award under the provisions of the Act. While the petition was disposed of on 7th March, 2017, the petitioners have filed the present petitions on 27th November, 2018 wherein the petitioners seek for necessary action to be taken to complete the process of acquisition due to inaction of the respondents.

(3.) It is noticed that this Court while taking note of the delay in completing the acquisition proceedings and also taking note of the provisions of the Act relating to acquisition in case of urgency as per Section 17(3A) of the Land Acquisition Act of 1894 has specifically directed that an affidavit to be filed by the concerned. The State in response to the order passed on 23.09.2019 had filed a memo. It is submitted that an amount of Rs. 90,14,688/- has been deposited by respondent No. 4 to respondent No. 6 towards the compensation and the said amount is in deposit with respondent No. 6. It is further submitted that by calculating the compensation at Rs. 6 lakh per acre remaining amount of Rs. 82,95,312/- has also been deposited with respondent No. 6.