The court established that compensation is mandatory for acquired land utilized by the state, regardless of possession status.

ORDER :

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

The petitioners are before this Court seeking the following reliefs:

IN W.P.NO.103883/2018

i) Issue writ in nature of certiorari quashing the order passed by the respondent no.2 vide order bearing no.No.1065 dated:18.01.2018 vide annexure-e with respect to the petitioners.

ii) Issue writ in the nature of mandamus directing the Respondents to pass award in respect of the lands of the petitioners in accordance with law.

iii) And also grant such any such any other Writ or Order as deems fit this Hon’ble court in the interest of Justice and equity.

IN W.P.NO.101726/2021

i) Issue writ of certiorari or any other writ or order quashing the communication of the order vide letter no.LAQ/VNV/ Simikeri/20- 21/ 204/2 dated 30.07.2020 issued by the Special Land Acquisition officer, UKP (the Respondent no.3), Bagalkot (Annexure-S).

ii) Acquire the land of the petitioner Veerayya @ Irayya S/O Adrushayya Pujari, bearing RS.No.248/17/ P-1 (RS.No.248/17 shown at sl.no.130 of the list of acquisition of lands, Notified U/sec. 4(1) for Acquisition in LAQ/SR/33/ 1997-98 Equatedin 248/8) measuring 4a-00gs of Simikeri village, Tal and Dist Bagalkot.

iii) To pass Special or Supplementary award for just and fair compensation amount, payable to the petitioner, towards acquisition and taking possession of the land bearing RS.No.248/17/ p-1 (RS.No.248/17 measuring 4a-00gs, mentioned at SL.No.130 of the list of lands notified for acquisition U/Sec. 4(1) of the act) measuring 4a-00GS of Simikeri Village, Tal and Dist. Bagalkot, relying on and considering the mutation entries, record of rights of the land bearing RS.no.248/17/0-1 measuring 4a-00gs of Simikeri village, P.T. sheet Annexure-K dated 02/08/2008 prepared by the Tahasildar Bagalkot (Respondent no.5) and pertinently, the supplementary award prepared by the Special Land Acquisition Officer, UKP, Bagalkot and submitted to the General Manager, land acquisition officer, UKP, Bagalkot, under No.LAQ/SR/ 33/1997-98 dated 18/03/2015 and 08/05/2015 (Annexure-P).

iv) Grant such other reliefs this Hon’ble Court may deem fit and proper, in the circumstance of the case, in the interest of justice and equity.”

2. The petitioners claim to be the owners of land bearing Sy. Nos. 248/8B, 248/8C and 248/17 (new R.S. No.248/17/P-1), measuring 4 acres, 2 acres and 4 acres respectively in Simikeri Village, Bagalkot Taluk. For the purpose of construction of a rehabilitation center for the beneficiary - Karnataka Bhagya Jal Nigam Limited, the government issues a notification under Section 4(1) of the LAND ACQUISITION ACT , 1894 (‘Act’ for shot) and later a final notification under Section 6(1) of the Act. The contention of the petitioners is that no award is passed in the cases of the acquisition of the land of the petitioners. Therefore, they are before this Court after knocking at the doors of the State repeatedly for passing an award and for grant of compensation, as the land of the petitioners has been utilized or locked between the rehabilitation center that is now established.

3. The learned counsel Sri. Prashant S. Kadadevar takes this Court through a document dated 18.01.2018, which captures the entire acquisition process initiated of the subject lands and the surrounding lands. The learned counsel submits that, though the Sy. Nos.248/8B, 248/8C totally measuring 6 acres and 248/17 (new R.S. No.248/17/P-1) measuring 4 acres, became subject matter in the acquisition, the award is not passed in the case at hand.

4. Per contra, the learned AGA on the strength of records or by issuing a notification under Section 16(2) of the Act would seek to contend that the