JUDGMENT

1. The petitioners in W.P.No.11551/2019 are before this Court seeking for the following reliefs:

a. To declare that the acquisition proceedings as per the preliminary notification and final notification dtd. 20/5/2002 and 2/8/2003 respectively vide Annexures-A and B deemed to have been lapsed under sec. 11A of the Land Acquisition Act, 1894 for being not made an award within stipulated period of 2 years from the date of Order of Learned Single Judge, as per the law laid down by Constitution Bench in 2010(2) SCC 533 at para 11 and further to hold that the acquisition deemed to have been lapsed even otherwise under the new Act, under Sec.24(1)(a) read with sec.25 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 as no award under the new Act has been passed within 12 months by initiating fresh acquisition proceedings under the new act upon commencement of the new act; and

b. Without prejudice to their right, further declare that acquisition proceedings under Sec.24 and 25 of the Central Act 2013 being not passed any award within two years or otherwise, within one year under Act 2013, according to law, there is no acquisition in the eye of law and the one on which the Respondents are contending that they are entitled to pass the award not sustainable in law and accordingly quash the acquisition proceedings initiated according to the Endorsement in Case No. LAQ No. (8)SR 4/02-03 dtd. 22/12/2018 that was handed over to the Petitioner by the Circle Inspector of Police, Hebbagodi on 5/1/2019 in respect of the land in question in the interest of justice and equity.

c. To declare that in terms of the Judgement of the Full Bench held in (Indore Development Authority Vs. Manoharlal and Others) reported in 2020 8 SCC 129, the land acquisition is deemed lapsed under Sec.24(2) of the 2013 Act, as there is no award being passed prior to commencement of the New Act 2013 nor Possession being taken till date, in the interest of justice and equity.

"The Petitioner No.1 is the son of 2nd Petitioner. The Petitioner No.1 is the owner of the land bearing Sy. No.142 measuring 5-00 acres situated at Goolimangala Village, Sarjapura Hobli, Anekal Taluk. The 1st Petitioner and 2nd Petitioner jointly owned Sy. No.143 measuring 5 Acres. 2nd Petitioner has executed the General Power of Attorney dtd. 23/8/2007 in favour of 1st Petitioner for challenging this acquisition by him. The 2nd Petitioner is the mother of 1st Petitioner, however, on the basis of the power of attorney in respect of 2 1/2 Acres, that being jointly in Possession with the 1st Petitioner, by means of power of attorney, the Petitioners are filing this petition challenging acquisition of Sy. No.142 and 143 of Gulimangala Village, Sarjapura Hobli, Anekal Taluk. The Petitioners while being in Possession of the same, the Respondents having published a Notification bearing NO.LAQ/SR/1/02-03 dtd. 20/5/2002 followed by a final Notification came to be published in the Gazette vide Notification No. RD/3/LAW-Be/03 dtd. 2/8/2003. The said notification being published after one year, same came to be challenged in Writ Petition No.11298/2005. Copy of the Preliminary notification dtd. 20/5/2002 is produced herewith and marked as ANNEXURE-A and copy of the final notification dtd. 2/8/2003 is herewith produced and marked as ANNEXURE-B. Copy of the General Power of Attorney dtd. 23/8/2007 in favour of the Petitioner No.1 is produced herewith as ANNEXURE-C".

2. The petitioners in W.P.No.25329/2017 are before this Court seeking for the following reliefs:

a. Declare that the acquisition proceedings initiated as per the preliminary notification and final notifications dtd. 20/5/2002 and 2/8/2003 vide ANNEXURE-A and B are deemed to have been lapsed under sec. 11-A of the Land Acquisition Act of 1894 for not making an award within a period of two years from the date of the order of the learned Single Judge as per the law laid down by the Consti