RAMESHA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Sri. K. Lakshminarayana, learned Senior Counsel for Sri. P. Mahesha, learned counsel for the petitioners.

(2.) In these petitions, the petitioners inter alia seek for a writ of certiorari for quashment of the Preliminary notification dated 02.07.2009 as well as the final notification dated 17.08.2010 and seeks for a declaration that the proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short) have been lapsed.

(3.) The facts giving rise to filing of these writ petitions briefly stated are that on 02.07.2009, respondent No.1, namely, the Deputy Commissioner, Mandya has issued a preliminary notification under Sec. 4(1) of the Land Acquisition Act, 1894 to acquire the lands of the petitioners measuring 05 Acres 28 Guntas in various Survey numbers of Pandavapura Village, Kasaba Hobli, Pandavapura Taluk, Mandya District for construction of the Sewerage Treatment Plant. A final notification dated 17.08.2010 under Sec. 6(1) of the Act was issued, which was published in the Gazette on 07.09.2010. Thereafter, the award was passed on 23.04.2011 by which the compensation was fixed at the rate of RS. 2,79,040.00 for wet land. The aforesaid award was published in the Official Memorandum on 23.05.2011. On 07.06.2011, the Special Land Acquisition Officer has issued notices of the award to be passed, to the land owners. The Revenue Inspector along with Taluk Surveyor and Village Accountant demarcated the land and handed over the possession of 5 Acres 20 Guntas in Sy.No.72/1 and other lands to the Chief Officer, Pattan Panchayath of Pandavapura on 14.07.2011, the letter of which is produced at Annexure-R10. Thereafter, the possession of the aforesaid land was handed over to respondent No.4 - the Assistant Executive Engineer of the Pandavapura Town Pattan Panchayat. On 17.10.2011, the Revenue Inspector and Village Accountant attempted to serve the award notices on the land owners. However, the land owners refused to accept the notices and also prevented the officers to affix the notices on their doors. Accordingly, Mahazar was drawn on 26.10.2011 by the Revenue Inspector in which it was stated that the land owners have refused to accept the notices issued by the Special Land Acquisition Officer. The land owners filed the petitions under Sec. 18 of the Act seeking compensation at the higher rate. The aforesaid petitions were filed in the year 2011 and 2014. The amount of compensation was deposited by the Karnataka Urban Water Supply and Drainage Board.