JUDGMENT :

This intra Court appeal under Section 4 of the Karnataka High Court Act, 1961 has been filed by the appellants against the order dated 11.04.2011 passed by learned Single Judge, by which the writ petition filed by the original petitioner in which the challenge was made to the proceedings for acquisition of the land measuring 2 acres of Sy.No.332 situated at Hosakote village, Doddaballapura Sub-Division, Bengaluru has been dismissed.

2. Facts giving rise to filing of this appeal briefly stated are that, the original petitioner was the owner of the land measuring 2 acres forming part of Sy.No.332 situated at Hosakote village, Doddaballapura Sub-Division, Bengaluru (Rural) District. The aforesaid land was required for the purpose of construction of a Court building/judicial quarters at Doddaballapura. Therefore, the proceedings under the Land Acquisition of Act, 1894 (hereinafter referred to as “the 1894 Act” for short) were set in motion. The notification under Section 4(1) of the 1894 Act was issued by the Land Acquisition Officer on 03.09.1998 in respect of the land in question. The aforesaid notification was published in two regional daily newspapers on 08.10.1998. The notification under Section 4(1) of the 1894 Act was published in the official Gazettee on 15.10.1998. The original petitioner on 29.07.1999 sent a communication to the Land Acquisition Officer informing him that no notice of proposed acquisition has been received by the original petitioner. Thereafter, a declaration under Section 6 of the 1894 Act was issued on 25.11.1999. The aforesaid declaration was published in ‘Kannada Prabha’ daily newspaper on 14.12.1999. Thereafter, the notices under Sections 9 and 10 of the 1894 Act were issued to the original petitioner on 22.02.2000, by which the date of hearing was fixed on 06.04.2000.

3. The original petitioner filed writ petitions namely WP Nos.12211-12 of 2000 before this Court, in which the learned Single Judge of this Court, by an order dated 03.04.2000 stayed the proceedings in the land acquisition case initiated for acquisition of the land by the original petitioner for a period of two weeks. Thereafter, by an order dated 12.04.2000, the writ petitions preferred by the original petitioner were dismissed. It is the case of the petitioner that without issuing any notice to him, an award was passed on 25.06.2001 and a copy of the award was not communicated to him immediately. The beneficiary deposited the amount of compensation as fixed by the Land Acquisition Officer on 19.06.2007. Thereafter, the original petitioner was served with a notice dated 02.08.2007 issued under Section 12(2) of the 1894 Act, by which the original petitioner was asked to collect the amount which was awarded by the Land Acquisition Officer. The aforesaid notice was received by the original petitioner on 17.08.2007. The original petitioner thereupon filed WP No.18681/2007 on 24.11.2007 before this Court. On 26.06.2010, the respondents filed a memo, in which it was mentioned that 2 acres and 8 guntas of Government land was available in the vicinity of the land of the original petitioner. In the writ petition, the petitioner inter alia had sought the relief of quashment of the award dated 25.06.2001 as well as the quashment of all the proceedings which were initiated under the 1894 Act and as well as declaration that the acquisition proceedings initiated under the 1894 Act have lapsed by operation of Section 11-A of the 1894 Act. The learned Single Judge by an order dated 11.04.2011 dismissed the writ petition preferred by the original petitioner. Being aggrieved, the original petitioner has filed this intra Court appeal on 04.07.2011. During the pendency of the writ appeal, the original petitioner expired. Thereafter, the legal representatives of the original petitioner were brought on record.

4. Learned senior counsel for the