PATEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioners have sought for a writ of certiorari to quash the Award dated 6 12-1982 passed by ihe Special Land Acquisition Officer, Bangalore (Respondent-2) in L A C. No. 308/68-69 as well as the Award Notice dated 11-5-1987.

(2.) The following are the facts involved in this case: The petitioners are brothers and the land bearing Sy.No. 90 of Pantharapalya, Kengeri Hobli, Bangalore South Taluk, measuring a total extent of 3 acres and 22 guntas is their ancestral property in their possession. The land is under agricultural operation.

(3.) The land of the petitioners besides the adjacent lands were proposed for acquisition by respondent-2 for the purpose of laying Avoid Sewer from Bangalore by respondent-3. The preliminary notification is of 13-2 1965 and the final notification was issued on 13-2-1868, whereas the awards in respect of other lands were made in 1968, in the case of the petitioners' land though the award is purported to have been made in 1982, communication of the passing of the award reached the petitioners on 13-5-1987. There were similar acquisitions made by respondent-2 for identical purpose in various other survey numbers and in all acquisitions were made four times during the years 1965, 1971, 1973 and 1974 and furthermore possession of the lands was taken over.