G RAMAIAH Vs. SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) PETITIONER has sought for quashing the award dated 8. 5. 1991-Annexure-H and also to issue a writ of certiorari to quash the mutation entry dated 4. 5. 2007-Annexure-J.

(2.) ACCORDING to the petitioner, land in question was acquired by the government under the provisions of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 to the extent of 2. 00 acres in Sy. No. 146 of Mandiganahalli Village, Magadi Taluk. The preliminary notification was issued on 17. 3. 1979 and the final notification taking possession of the land is dated 4. 9. 1979. It is the grievance of the petitioner that even after eleven years, the award has not been passed and it came to be passed on 8. 5. 1991. Hence, the petition on the ground that Section 11-A of the land Acquisition Act contemplates the passing of the award within two years. Heard the Counsel representing the parties.

(3.) IT is the submission of the petitioner's Counsel that the Apex Court has held that if the award is not passed within two years, necessarily, the acquisition proceedings lapses and the land must revert back to the land owner. Apart from that, another line of argument canvassed by the Counsel is, notice has not been served on the petitioner and he was not aware of the proceedings and only when the mutation entry came to be entered as at Annexure-J, he was notified as such, the acquisition proceedings has lapsed.