Muniraju and Others vs The State of Karnataka, The Special Deputy Commissioner, The Tahsildar and The Commissioner

Ram Mohan Reddy, J.—Petitioners claim to be in possession and enjoyment of certain sites formed in Sy. No. 38 and 39 of Giddadakonenahalli on the basis of allotments under a scheme of the year 1972 formulated by the government. Some of them claim to be the legal representatives of deceased allottees, while 2nd and 4th petitioners claim to be the original allottees. Petitioners have called in question-the notifications dt. 8/4/2003 and 9/9/2003, Annexures ''E'' and ''f'' being the preliminary and final notifications respectively, under the Land Acquisition Act, 1894, proposing to acquire the lands in Sy. Nos. 38 and 39 of Giddadakonenahalli measuring 46 acres 36 guntas and 7 acres 18 guntas respectively. According to the petitioners, the aforesaid lands were subject-matter of a scheme known as ''House-Sites to landless and sightless families in rural areas'' formed by the State Government, whence a layout consisting of 910 sites was formed and distributed to sightless persons which includes petitioners 2 and 4 and the ancestors of the other petitioners. Regard being had to the order dt. 17/10/2008 of the Division Bench in W.A. 997/08 and connected petitions in the case of Madamma and Others vs. State of Karnataka and Others observing that the acquisition of lands in Sy. Nos. 38 and 39 of Giddadakonenahalli by issuing notifications Annexures ''E'' and ''F'' were illegal in the absence of resumption of the said land by the State government, these petitions are accordingly allowed. The acquisition notifications Annexures ''E'' and ''F'' are quashed. The following observation of the Division Bench is applicable to the petitioners too:

(1) In view of the answers to Issue Nos. 1 and 2, the petitioners are entitled for the respective sites unless and until their possession is resumed by the Government in accordance with the procedure and in the manner known to law.