S H RANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The notification dated 29th November, 1987 was issued and published in the Official Gazette on 28th January, 1988. The same was published in the newspaper on 23rd February, 1988. This notification was issued under Section 4(1) of the Act wherein it was stated that the lands indicated in the Schedule thereto were intended to be acquired for the public purpose of construction of houses by the Karnataka Housing Board. Persons interested were informed that they could file objections to the proposed acquisition. This notification was published in the newspaper on 23rd February, 1988 whereafter objections were filed under Section 5A of the Act. On 22nd February, 1989 a declaration was made signed by the competent authority under Section 6(1) of the Act. It was stated therein that after verification of the Report of the Housing Commissioner and taking into consideration objections under Section 5A, it was declared that the lands specified in the Schedule thereto were acquired for the public purpose for construction of different categories of houses by Karnataka Housing Board. This declaration which was dated 22nd February, 1989 was published in the Official Gazette on 9th March, 1989.

(3.) The appellant herein challenged the validity of the notification under Section 6 primarily on the ground that this notification was barred by time. It was contended by the learned counsel that the notification under section 6(1) had to be issued within one year of the publication of Section 4 notification and this not having been done the said notification was liable to be quashed. The Single Judge of the High Court did not accept this argument. It was observed that the declaration was made within one year under Section 6(1) on 22nd February, 1989. The said Section 6 did not provide for any period of limitation within which the declaration had to be published and, therefore, once the declaration was made within the prescribed period, the notification was valid. The writ appeal met with no success. Hence, this appeal by special leave.