The Land Acquisition Officer has authority to decide simple title issues but must refer complicated matters to the Civil Court, ensuring fair consideration of all claims.

ORDER :

This writ petition is filed seeking following reliefs;

(a) quash of orders produced at Annexures-V to V11 all dated 07.11.2019 passed by the Special Land Acquisition Officer-respondent No.5 in declining the claim of the respondents without referring the matter for adjudication.

(b) setting aside the compensation award and package fixed by Metro Rail Corporation as per Annexures-AA to AA11;

(c) direction to the respondent Nos.5 and 6 to pass fresh award as per Section 30 of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') in respect of land in Sy.No.30/3 of Naagavara village as per final notification issued under Section 28(4) of the KIAD Act as per Annexure-J

(d) direction to respondent Nos.12 and 13 to conduct enquiry by filing FIR on the complaint filed by the petitioners as per Annexure-AC;

(e) direction to the Karnataka Industrial Areas Development Board (for short KIADB) and the Secretary of the Revenue Department to conduct disciplinary enquiry against the respondent Nos. 9 and 10 for fraud and abuse of power, collusion, corrupt practice, conspiracy committed by them.

2. Facts of the case leading to filing of this petition briefly stated are;

(a)That one Mohammed Ishaq was the original kathedar of land bearing Sy.No.30/3 totally measuring 3 acres 10 guntas situated at Nagavara village, Bangalore North Taluk, which was subject matter of an acquisition by the Bangalore Development Authority during the year 1977. That an award had been passed on 18.02.1988 as per Annexure-C in respect of 2 acres 30 guntas out of said 3 acres 10 guntas of land and an extent of 20 guntas of land had been excluded as the same consisted of buildings. That in all these proceedings said Late Mohammed Ishaq has been referred to as the Kathedar.

(b) that the petitioners are the decedents of said Late Mohammed Ishaq. That a suit in O.S.No.5220/1992 was filed for partition of the aforesaid property, and the said suit was dismissed solely on the ground that the land had been acquired by BDA and was not available for partition. Aggrieved by the same a regular first appeal in RFA No.670/2005 was filed before this Court which was partly allowed modifying the judgment and decree passed in O.S.No.5220/1992, in terms of which petitioners were held to be entitled to 3/4th share in the suit properties and remitted the matter for fresh consideration on the findings recorded by the trial court. That after the remand of matter the parties entered into a compromise and a compromise decree was passed in the said suit on 28.02.2020.

(c) That during the pendency of the above suit, KIADB had issued a preliminary notification dated 29.08.2018 followed by a final notification dated 17.01.2019 seeking to acquire the aforesaid land in Sy.No.30/3 for Metro Rail Corporation. That immediately on learning about the same, petitioners and other legal heirs of Mohammed Ishaq approached the authorities and submitted representations along with relevant records to consider them as the owners, kathedars for the purpose of acquisition proceedings and benefits thereof.

(d) The petitioners also approached this Court by filing a W.P.Nos.7797-98/2019 seeking direction to the respondent-authorities to consider their objection statements while disbursing compensation amount.

(e) That without considering the representations and claim made by the petitioners and without even considering the orders passed in the RFA No.670/2005, the pendency of suit in O.S.No. 5220/1992 and the order passed in W.P.No.7797-98/2019 and without even the consent of the petitioners, the respondent-authorities mentioning the names of certain strangers as kathedars of various pieces of land carved out in land in Sy.No.30/3 arbitrarily forwarded the alleged consent award for disbursal of the compensation.

(f) That in the circumstances the respondent-authorities ought to have referred the matter to the Civil Court for adjudication of right, title and interest of persons claiming var