HUBLI-DHARWAD URBAN DEVELOPMENT AUTHORITY Vs. SHEKHARGOWDA CHENNABASANNAGOWDA PHAKIRGOWDAR (SINCE DECEASED) BY LR. & ANR.

JUDGEMENT

(1.) Leave granted. Respondent No. 1 filed Writ Petition No. 12564 of 2006 in the High Court of Karnataka for quashing the preliminary Notification dated 06.02.2002 issued under Section 17(3) of the Karnataka Urban Development Authority Act, 1987 (hereinafter referred to as 'Act') and final declaration under Section 19 (3) of the Act dated 27.11.2003. The said Notification pertained to acquisition of 54 acres and 39 guntas which included 2 acres and 36 guntas in Survey No. 311/A/1 in Byridevana Koppa Village, Hubli Taluk belonging to the First Respondent. The said Writ Petition was allowed by a judgment dated 02.04.2009 against which Writ Appeal No. 6258 of 2009 was filed by the Appellant. A Division Bench of the High Court dismissed the Writ Appeal by a judgment dated 24.03.2010. Aggrieved by the said judgment, the Appellant has approached this Court by filing this Appeal.

(2.) The First Respondent filed the Writ Petition stating that his family owns 2 acres and 35 guntas in Survey No. 311/A/1 in Byridevana Koppa Village, Hubli Taluk in which there were bore wells, cattle sheds, residential houses and standing trees. It was averred in the Writ Petition that a Notification under Section 17(3) of the Act was issued on 06.02.2002 but no notice was personally served on him. It was also stated in the Writ Petition that a Notification under Section 19(1) of the Act was issued on 07.10.2003 which was published in the Karnataka Gazette on 17.11.2003. It was stated in the Writ Petition that the First Respondent was not aware of the publication in the Gazette and that the Notification issued under Section 17 and the declaration issued under Section 19 of the Act were not served upon him. He was also unaware of the award proceedings. The First Respondent further stated in the Writ Petition that he came to know about the preliminary Notification only in August, 2005 when the officials of the Appellant visited the site and informed him about the acquisition. The First Respondent also stated in the Writ Petition that immediately after he came to know about the acquisition proceedings he approached the authorities and found that no layout was prepared and finalized. The First Respondent averred in the Writ Petition that the preliminary Notification under Section 17(3) of the Act was prepared without complying with the provisions of Section 15(1), 16 and 17 (1) of the Act. He further stated that due to non service of the notice, he lost an opportunity to file his objections. On the basis of the averments mentioned above, the First Respondent sought for quashing of the Notification issued under Section 17(3) and the declaration issued under Section 19(3) of the Act.

(3.) The Appellant filed its Statement of Objections in Writ Petition No. 12654 of 2006 in which it was stated that there were no structures on the acquired land and possession of the said land was taken on 02.09.2005. A Notification under Section 16(2) of the Land Acquisition Act, 1894 was published in the Gazette on 22.12.2006. It was also stated that personal notice was issued to the First Respondent on 11.09.2001 but he refused to receive the notice on 13.09.2001. The said notice was also published in Samyukta Karnataka Daily Newspaper on 26.07.2001 and Vijaya Karnataka Daily Newspaper on 27.07.2001. It was further averred that the First Respondent was aware of the Notification under Section 19(1) of the Act dated 07.10.2003 which is evident from the fact that he gave an application dated 30.01.2004 for dropping the acquisition proceedings. The said application was rejected on 28.02.2004. According to the Appellant, the acquisition Notification issued under Section 17(3) and the declaration issued under Section 19(3) of the Act were issued after complying with the relevant provisions of the Act and that interference by the High Court was unwarranted.