SURESH JUGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenge in this writ petition is to the Preliminary and Final Notifications issued under Section 4(1) and 6(1) of the Land Acquisition Act (hereinafter referred to as 'the Act', for short) on 16.04.2001 and 19.07.2007 vide Annexures-C and F respectively, insofar as it pertains to the lands of the petitioners.

(2.) Petitioners are the owners of the land bearing Sy.Nos.202 and 204 of Kengeri Village, Bangalore South Taluk. Earlier, by a Preliminary Notification dated 31.08.1989 which was followed by the Final Declaration dated 12.10.1990, the State Government notified the lands for acquisition for the purpose of Karnataka Housing Board. As the name of the father of the petitioners was not shown in the Notifications and as he had no opportunity of putting forward his objections opposing the acquisition, Writ Petition No. 1718/1991 was filed by the father of the petitioners herein. By order dated 20.03.1997, this Court allowed the writ petition quashing the Final Notification dated 12.10.1990 insofar as it related to the petitioner's land reserving liberty to the authorities to proceed with the acquisition proceedings from the stage of Preliminary Notification. The Court further held that the respondent-authorities were not justified in invoking the urgency Clause and dispensing with the enquiry initiated under Section 5A of the Act. It also found that the petitioners being the owners of the lands were entitled for being notified.

(3.) Pursuant to the order passed by this Court in Writ Petition No. 1718/1991, the State Government issued another Notification dated 16.11.1998 published in the Karnataka Gazette on 19.11.1998 under Section 6 of the Act. However, in the said Notification, the name of the petitioner's father was not shown as 'khatedar' or 'anubavdar 'of the land. Consequently, the petitioners herein challenged the said Notification in Writ Petition No.6368/1999. This Court quashed the Notifications issued under Sections 4(1) & 6(1) of the Act on the ground that the time frame within which the Final Decoration under Section 6(1) had to be issued was not adhered to. The Karnataka Housing Board - respondent herein unsuccessfully preferred Writ Appeal No.3888/2000.