L G BOREGOWDA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The above petitions are disposed of by this common order as in all of them the prayer is for a writ of mandamus directing that the rights of the petitioners as tenants cf lands acquired by the 1st respondent-Bangalore Development Authority under the Kamataka Land Acquisition Act (hereinafter referred to as 'the Act') be decided by the appropriate authority under the Act in the matter of making an award and in the matter of making payment of compensation.

(2.) It is averred by the petitioners that they are tenants of land in different survey numbers in different extents in the village Jarakbande Kaval, Yeshvantpur Hobli, Bangalore North Taluk. In support of tneir assertion that they are tenants of the said agricultural lands aforementioned, the Record of rights and tenancy extracts for the year 1980-81 and in some cases for the years 1979-80 and 1980-81 are produced as annexures F and G There is no other document in support of their tenancy claim. The lands in question were notified for acquisition on 22.12.1977 under S. 4 of the Act. read with S. 27 of the Bangalore Development Authority Act. On 30 8 1979, notification under S. 6 of the Act was published in the gazette dt. 20.9.1979. In July, 1982, the possession of the tenants on the lands in question were sought to be disturbed by the 1st respondent-Authority on the. ground that the land had vested in it by virtue of the acquisition proceedings being completed. In that circumstance, the petitioners have approached this Court for relief in the from which I have already stated at the beginning of this order.

(3.) Sri K. Subba Rao, learned Counsel appearing for the petitioners made it clear that the petitioners are not challenging the acquisition proceedings as such, but the petitioners are only aggrieved on account of the total inaction on the part of the Special Land Acqusition Officer of the 1st respondent Bangalore Development Authothority in adjudicating their claims which they have preferred in writing as evidenced by annexure-A to the petition which is a detailed claim petition purporting to be under Ss. 9, 10,18 and 30 of the Act. Therefore, the prayer for a writ of mandamus in terms above.