Decided on April 11,2019

Mani Ninga Gouda Appellant
Fishermen Respondents


Krishna S Dixit, J. - (1.)Petitioners claiming to be owners of the subject properties that are allegedly in their occupation have knocked at the doors of writ court, regardless of varying texts of their prayers, seeking invalidation of the subject acquisition of the year 1964 inter alia on the ground that, the "physical possession" of the lands in question has not been taken over till date and therefore, their ownership over the land is protected u/S.24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter "2013 Act").
(2.)After service of notice, the official Respondents have entered appearance through the learned AGA Smt. Veena Hegde; other Respondents have entered appearance through their respective Panel Counsel. Statement of Objections have also been filed.
(3.)All the learned counsel appearing for the Petitioners vehemently contend that, the Preliminary Notification was issued in the month of January, 1962 followed by the Final Notification in the month of March, 1964; the General Awards were passed in the year 1971 comprising in all 113 acres of land of which the physical possession to the extent of 71 acres has been taken, the remaining 42 acres having been continued in the occupation of these Petitioners; that being so, the acquisition has lapsed u/S.24(2) of the 2013 Act; they also mention about earlier rounds of litigations as well.

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