ASHWATHA AND ORS. Vs. STATE OF KARNATAKA AND ORS.
LAWS(KAR)-2015-11-314
HIGH COURT OF KARNATAKA
Decided on November 24,2015

Ashwatha And Ors. Appellant
VERSUS
State of Karnataka and Ors. Respondents




JUDGEMENT

- (1.)1 guntas from out of 32 guntas of land in Sy.No.121/3A3, amongst other extents of land in Honniganahalli, Kasaba Hobli, Channapatna taluk, Ramanagara district, belonging to the petitioners, when proposed for acquisition by respondent-State for and on behalf of 4th respondent-City Municipal Council, Channapatna under preliminary notification dated 27.7.1983 gazetted on 5.1.1984 Annexure-A and a final declaration dated 18.12.1984 gazetted on 21.2.1985 Annexure-B, though, possession allegedly was taken by a notification under Section 16(2) of the Land Acquisition Act, 1894 dated 25.1.1992 published on 13.2.1992 Annexure-G, nevertheless on the allegation that petitioners were neither paid compensation nor did the Special Land Acquisition Officer made a deposit of the compensation before the Civil Court under Section 31 of the Land Acquisition Act, 1894, these petitions are presented to declare the proceeding for acquisition of land in question as lapsed by operation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'New Land Acquisition Act').
(2.)Learned counsel for the petitioners reiterates the averments in the petitions.
(3.)Learned Govt. Advocate very fairly submits that on a perusal of the records relating to the land acquisition proceeding, except for issue of notice under the Land Acquisition Act, 1894 calling upon the petitioners to receive the award amount, whence neither the petitioners nor their father placed relevant documents in support of their title to the property acquired before the Land Acquisition Officer for payment of compensation, the amount determined as compensation was neither paid nor deposited in the Civil Court.
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