IMPORTANT POINT
It is not within the jurisdiction of Court to compel the Government to pass an Award pursuant to Notification issued under Section 4(1) of the Act even when it is followed by the declaration.

JUDGMENT

Kurian, J.

1. Leave granted.

2. Whether the High Court, under Article 226 of the Constitution of India, can compel the State to complete the acquisition proceedings initiated under Section 4(1) of the Land Acquisition Act (for short ‘the Act’), is one of the short questions arising for consideration in these cases. Another short question is – Whether writ can be issued compelling the Land Acquisition Collector/Officer to implement the instruction issued to him by the Government otherwise than under the procedure under the Act?

SHORT FACTS

3. The writ petitioners/appellants herein having their property in Mukundur village, Hassan Taluk in Karnataka State approached the High Court for following directions:

“Issue Writ of Mandamus directing Deputy Commissioner and Land Acquisition Officer to pass the award as per the directions of the Principal Secretary, Revenue Department, Government of Karnataka and the decision of State Government dated 19.11.2009.”

4. The letter dated 19.11.2009 from the Principal Secretary to Government, Revenue Department, addressed to the Deputy Commissioner, Hasan District, reads as under:

“Sir,

Sub:- Framing award in respect of Mukundooru, Gaddebindenahalli and Chikkagondanahalli villages which are acquired as seepage affected villages at Hassan District - Reg.

Ref:- Your Letter No. BhuSwaSa-150:2008-09 dated 11.09.2009.

With regard to the above subject, your attention is attracted towards your letter. As it is already decided in the order No. RD 120 REH 1992 dated 15.04.1999 to shift these villages with regard to seepage, due to Hemavathi Irrigation canal project, it was already informed in the earlier letter dated 16.03.1999 that, there is no necessity to submit the same afresh before high level committee presided by the Regional Commissioner and further to frame award in respect of these villages.

In furtherance, it is clearly ordered by the Hon’ble Chief Minister to frame award with regard to Mukundooru village and disburse compensation amount, it is already informed in the letter dated 30.07.2009 bearing No. RD 113 BhuSwaHa 2009 to initiate action as per the said order. Wherefore, I am directed to inform you to initiate action as already directed by the Governor (sic Government).”

5. The petitioners’ case was that on account of the seepage from the distributory canal of the reservoir, they had suffered serious damage to their houses and, on their representations, the Government had already taken a decision to acquire the property. The land acquisition officer, according to the petitioners, had on 15.04.1999, initiated proceedings under Section 4 of the Land Acquisition Act and, thereafter, Section 6 Declaration was issued. However, the proceedings got lapsed since no award was passed within the period prescribed under Section 11A of the Act.

6. It is seen as per Annexure-P2 – Notification dated 27.10.2007, that the Land Acquisition Collector had initiated proceedings under Section 4(1) of the Act for acquiring the lands of the petitioners and it was followed by Section 6 declaration dated 15.10.2008 published on 23.10.2008. Since, no serious steps were taken to complete the acquisition by passing the awards, it appears, the petitioners approached the High Court under Article 226 of the Constitution of India in 2011 for a direction to compel the land acquisition collector to act as per the instruction issued by the Government and to complete the acquisition proceedings. The learned Single Judge, by order dated 07.03.2011 disposed of the writ petitions directing the land acquisition collector and the State to pass awards in the case of the petitioners and a few others within four weeks from the receipt of the Order. There was also a further direction that the petitioners should vacate the property if they were still in possession and that they should handover possession prior to the receipt of the compensation.

7. Aggrieved, land acquisition collector, State and others filed Writ Appeal