The court established that claims of illegal encroachment were unfounded as the property had been legally relinquished for public use, thus no compensation was warranted.

ORDER

1. The Petitioners are before this Court seeking for the following reliefs:

a. Issue a writ of Mandamus directing the respondent No.1, 2 and 3 to pay the appropriate compensation to the petitioners who are legal heirs of the F Mohammed Ghouse, in connection to the schedule properties which the respondents 2 and 3 have illegally encroached and the same fact is established in O.S.No.189/2002 order dated 30.05.2005, passed by the 3^rd Addl. City Civil Judge (JD) and JMFC at Tumkur, which is confirmed in R.A.No.201/2008 order dated 12.09.2008, passed by the Court of Presiding officer fast tract No. V at Tumkur, and the same is presented as Annexure-F and G respectively and/or.

b. Such other direction or orders as this Hon’ble Authority deem fit under the facts and circumstances of the case including award for costs be passed in the interest of justice.

2. The petitioners claim that one F.Mohammed Ghouse who is husband of petitioner No.1 and father of petitioners No.2 and 3 was the absolute owner of the property bearing Sy.No.41/1 measuring 2 acres and 32 guntas of land of Maralur Village, Tumkur Taluk, Tumkur. The said land was got converted for non- agriculture purposes on 19.06.1992 and in the year 1993 the Tumkur Urban Development Authority (TUDA) had granted sanction for the purpose of formation of a layout. It is alleged that the said TUDA had encroached on a 40 x 400 feet land totally measuring 16,000 square feet without any acquisition and without making payment of compensation.

3. Subsequently, though a portion of the land measuring 35 x 200 feet totally 7,000 square feet was acquired for laying High-tension wire and pole, compensation has not been paid by TUDA.

4. The background facts are that the said F.Mohammed Ghouse had approached TUDA for permission of formation of layout on the property which came to be approved on 5.12.1994. Wherein 8,000 square feet of land was demarcated for High-tension electric wire and the said F.Mohammed Ghouse executed a relinquishment deed in favor of TUDA on 23.11.1994, relinquishing three portions of land the first portion measuring 10,370 square feet, second measuring 12,180 square feet and third measuring 7,667 square feet, and a modified sanction plan came to be issued on 13.08.1997.

5. It is alleged that, the TUDA has encroached on the land of the petitioner and formed roads therein and it is in that background that F.Mohammed Ghouse had got issued a legal notice on 11.01.2002, demanding compensation for such illegally encroached road. When no action was taken, the said F.Mohammed Ghouse filed a suit in OS No.189 of 2002, wherein a declaration was sought for that the land had been illegally acquired without paying any legal compensation. In the said suit, the trial Court vide its judgment dated 30.05.2006 partly decreed the suit, declaring that he was entitled for compensation for encroached area, granting liberty to him to agitate before the proper forum for the compensation by paying necessary and proper Court fee and the claim for permanent injunction restraining interference with the alleged possession was dismissed.

6. TUDA filed a Regular Appeal in RA No.201 of 2008, which came to be disposed vide its judgment dated 12.09.2008 dismissing the appeal.

7. Thereafter, F.Mohammed Ghouse sent various representations to the respondents to make payment of compensation. Since no action was taken, the petitioners are before this Court, seeking for the aforesaid reliefs.

8. Sri.Sunil S.Rao., learned counsel appearing for the petitioners would submit that;

8.1. On the land belonging to F.Mohammed Ghouse and now belonging to the petitioners, the TUDA h