LAWS(SC)-1996-1-119

STATE OF KARNATAKA Vs. B S NANJUNDAIAH

Decided On January 11, 1996
STATE OF KARNATAKA Appellant
V/S
B S Nanjundaiah Respondents

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides.

(3.) This appeal by special leave arises from the order of the High court of Karnataka made on 15/2/1991 in WP No. 9544 of 1986. Notification under Section 4 (1 of the Land Acquisition Act was initially published on 6/12/1973. The declaration under Section 6 was published on 3/2/1975. Writ Petition No. 10402 of 1977 was filed in the High court challenging the notification under Section 4 (1 and the declaration under Section 6 questioning the act of the government in dispensing with the enquiry under Section 5-A. The writ petition was allowed by the High court on 27/7/1984 directing the appellant to conduct an enquiry under Section 5-A from the stage where the objections were filed by the respondent. Thereafter, the copy of the record was received by the Land Acquisition Officer on 19-1-1985. Notice under Section 5-A was given on 20/2/19855 and after giving reasonable opportunity to the respondent, enquiry was concluded and the Land Acquisition Officer submitted his report to the government on 31/7/1985. The declaration under Section 6 was published on 10/4/1986. The respondent again filed the writ petition in the High court on 7/6/19866 challenging the validity of the notification under Section 4 (1 and the declaration under Section 6.