IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Order Sheet Part -1
W.A 5699 /97

Sri. Muni swamappa, since Dead By his L.Rs : Smt. Bhadramma & others. Aplpellants
[Advocate for Petitioner Sri. Y. Hariprasad, Adv.,]

Vs

State of Karnataka , R-4 [karnataka Judicial Employees House Building Co-operative Society] & Others


Order of court

Ag. CJ & RGRJ
21-8-2000

WA 5699/1997

1] Sri Papaiah and Sri Muniswamappa filed writ petition No. 3955 and 6156 of 1989 seeking quashing of the final notification No. RD/156/AQB/84 dated 24-2-1989 issued under section 6 of the Land Acquistion Act in so far as it relates to Sy .No. 91/5, 91/6, 91/2A and 111/3 belonging to the petitioners. The land had been acquired for karnataka Judicial Employees House Building Co-operative Society R-4. The writ petition was dismissed by the Single Judge on 17-11-1992. Against the order passed by the single judge, Muniswappa filed writ appeal No. 5699/97 along with I.A.1 to condone the delay in filing the appeal. The writ appeal was dismissed by the Division Bench on 24-10-1997 in terms of the order passed in WA. 4283/93 dated 17-11-1995 . Against the order passed by the Division Bench ; SLP(civil) 398/1998 was filed in the Supreme Court of India . The Supreme Court by its Order dated 08-10-1998 set aside the order of the High Court dismissing the appeal on the ground of delay. The matter was restored to the file of the High court with a request to decide the same at its earliest convenience after hearing the Parties .

2 ] Muniswamappa died & nine of his legal representatives were brought on record . Before the case could be taken up for final disposal on merits a compromise petition has been filed stating there in that the legal representatives of Muniswamappa and R-4 [karnataka Judicial Employees House Building Co-operative Society] have entered into a compromise . According to the compromise Respondent No. 4 has agreed to give 13 sites in lieu of the land acquired belonging to Muniswamappa . It was stated that the Writ Appeal may be disposed of in terms of compromise petition .

3 ] There are Nine legal representatives and they could be allotted only one site in lieu of the land acquired from Muniswamappa . We fail to understand as to how 13 sites are being allotted in lieu of the claim made by Muniswamappa in addition to the compensation paid for the land acquired . We decline to record the compromise as it is not in the interest of the Society [ R-4 ] . Copy of this Order be placed for Discussion and Deliberation before the Executive Committee as well as before the General Body Meeting of the Society .
TO BE LISTED FOR DISPOSAL ON MERITS AFTER TWO WEEKS .

Sd/- Ag Chief Justice .
Sd/- RGRJ [21-08-2000