R. SETHURAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this intra court appeal the appellant has assailed the validity of the order dtd. 16/8/2021 passed by the learned Single Judge, by which the writ petition preferred by the appellants has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that the appellants are joint owners of lands situate at Kollegala, Chamrajanagar District. Out of the aforesaid lands, 1 acre of land belonging to appellants was sought to be acquired for providing underground drainage facility to Kollegala Town. A preliminary notification dtd. 25/10/2014 was issued under Sec. 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short). The aforesaid notification was published on 7/11/2014. It is pertinent to mention that appellant No. 1 filed a writ petition seeking quashment of the aforesaid notification, which was disposed of by learned Single Judge of this court by an order dtd. 19/1/2015 and it was inter alia held that the writ petition is not maintainable. However, the appellant No. 1 was granted the liberty to file objections and the authority was directed to consider the same.

(3.) Thereafter, on 26/5/2014, the Special Land Acquisition Officer conducted an enquiry and on 23/3/2015, declaration under Sec. 6(1) of the Act was issued. The Land Acquisition Officer passed an award on 26/11/2015. Thereafter, the appellants filed a writ petition on or about 20/1/2017, in which notification as well as declaration under Sec. 4(1) and 6(1) of the Act dtd. 25/1/2015 and 23/3/2015 were challenged. The learned Single Judge by an order dtd. 16/8/2021 did not entertain the challenge to the notification under Sec. 4(1) and 6(1) of the Act. However, the writ petition preferred by the appellants was disposed of with a liberty to the appellants to submit an application before the Land Acquisition Officer and the Land Acquisition officer was directed to make a reference to the authority under Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In the aforesaid factual background, this appeal has been filed.