ORDER :

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.

4. Learned State Counsel and other Counsel appearing for the Respondents together submit that, admittedly the acquisition is of the year 1962; for the purpose of Karwar Court; since a very large extent of land was acquired (i.e. 113 acres 33 guntas), actual possession of 71 acres & 33 guntas has been taken and that, the symbolic possession of remaining 42 acres has also been taken; compensation has already been paid which fact the Petitioners have suppressed; the alternate sites too have been allotted to the ‘Khatadars’ of the property in acquisition; matter is res judicata inasmuch as in the earlier rounds of litigations, Petitioners have suffered Judgments and Orders both in Writ Petitions and in Writ Appeals; therefore, no relief can be granted to them.

5. I have heard the learned counsel appearing for the Petitioners and the learned counsel representing the Respondents. I have perused the petition papers and the Statement of Objections; I have looked into the Original File containing some records concerning the subject acquisition. I have also adverted to the Rulings cited at the Bar.

6. Admittedly, the acquisition of land was initiated under the erstwhile Land Acquisition Act, 1894 by the Preliminary Notification dated 29.01.1962; Final Notification was issued on 04.03.1964; the General Awards came to be passed on 31.03.1971; the compensation has already been paid to the persons whose names figured as ‘Khatadars’ at the time of acquisition; actual possession of land measuring 71 Acres & 33 Guntas was taken; however, in respect of remaining 42 Acres only symbolic possession was taken, so that the ‘Khatadars’ would continue in the occupation till the alternate sites are allotted to them.

7. Earlier 59 persons had filed W.P.No.22344/2005 connected with W.P.No.41376/2003 seeking quashment of the entire acquisition. A Co-ordinate Bench of this Court vide Judgment dated 27.06.2007 at Annexure-R8 to the Statement of Objections in Writ Petition No.109718/2016 dismissed the same observing as under:

“9. The material on record shows that these lands were acquired in accordance with law. The compensation paid. Possession taken and it is used for the purpose for which it is acquired. In addition to the compensation paid to the petitioners, they have been provided with a site and land in terms of the rehabilitation scheme. Under those circumstances, case of the petitioners that they continued to be in possession of the land and the land is not used for the purpose for which it is being acquired, has no substance. It is to be noticed that acquisiti