Indian Kanoon - Search engine for Indian Law

11. In the backdrop of aforesaid well settled legal principles, the facts of the case in hand may be examined. From perusal of the original record, it is evident that the State government on 7.2.1985 had conveyed the approval to acquire 65 acres of land including the land measuring 7 acres 7 guntas of Sy.No.10/1 situated at Malathalli. It is pertinent to note that the wife of the appellant No.1 viz., Rangaswamy had filed a petition viz., Narasamma W.P.No.6071/1992, in which this court declined to interfere and relegated the wife of the petitioner to the remedy prescribed under Section 30 of the Act. It is pertinent to note that against the aforesaid order no appeal was preferred. Thereafter, the appellants filed the petition on 19.03.1992 inter alia on the ground that they were not aware of the proceedings under the Act and had never executed the power of attorney. From the close scrutiny of the award, it is evident that appellant No.1 had appeared before the Special Land Acquisition Officer and had filed objections on 17.12.1986 and had appeared before the Special Land Acquisition Officer on 22.12.1986, which is evident from the order sheet of the proceedings which contain the signature of appellant No.1. From perusal of the record it is also evident that a covering letter dated 27.03.1987 was sent by GPA holder to the Special Land Acquisition Officer on 27.03.1987. An agreement dated 04.02.1982 between Rangaswamy and his sons as well as respondent No.3 viz., Power of attorney was executed on 04.2.1982 and under the aforesaid agreement a sum of Rs.75,000/- was paid to the appellants. From perusal of the agreement dated 22.9.1982 it is evident that respondent No.3 had entered into an agreement in respect of land measuring 7 acres 7 guntas of Sy.No.10/1 and each and every page of the aforesaid agreement was signed by Rangaswamy viz., appellant No.1. The special Land Acquisition Officer had also filed para wise reply in the writ petition in which para 4 and 5 it was stated that the proceedings under the Act have been completed and the possession has been handed over to the Society on 26.04.1989. It is pertinent to note that NOC was also issued by the State government in favour of the society to release the sites which is evident from the order dated 25.05.1995.