MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court under Article 226 of the Constitution of India praying the following reliefs:

(2.) The petitioners claim that they were the owners of land bearing Sy.No.134/2 to an extent of 6 acres 25 guntas and land in Sy.No.134/2/2 to an extent of 4 acres situated at Bagalkot. The petitioners state that the respondent-State issued Annexure-A preliminary notification dated 09.08.1991 under Section 4(1) of the Land Acquisition Act (for short, the 'Act' ) for acquisition of petitioners' lands. Subsequently, the respondent issued final notification under Section 6(1) of the Act on 20.06.1992. Award in respect of the acquired lands was passed on 02.06.1994 and on reference, compensation was enhanced. The petitioners also received the compensation including the enhanced compensation.

(3.) Respondent No.5 made an application to respondent No.2 requesting for allotment of 1 acre of land for setting up a petrol pump. Considering the application filed by respondent No.5, respondent No.2 on 28.12.2006 allotted the land measuring 1500.00 sq.mtr. in Sy.No.134/2 to respondent No.5. It is stated that respondent No.5 paid a sum of Rs.4,84,380/- on 09.02.2007 and possession of the land was also handed over to the respondent No.5 on 07.07.2007. Sale deed was also executed and registered in favour of respondent No.5 on 12.07.2007. The petitioners being aggrieved by the allotment of land in favour of respondent No.5 are before this Court praying to quash the allotment order dated 29.02.2008 under Annexure-C. Further, the petitioners have also prayed to denotify the land to an extent of 10 acres 25 guntas in Sy.No.34/2 and 34/2/2 situated at Bagalkot. In that regard it is stated that the petitioners had made a representation to the respondents on 09.03.2007.