THE SPECIAL AGRICULTURAL PRODUCE MARKET COMMITTEE FOR FRUITS AND VEGETABLES Vs. N. KRISHNAPPA AND OTHERS ETC.

JUDGEMENT

(1.) Leave granted.

(2.) The controversy in these appeals relates to the acquisition of 42 acres 32 guntas of lands in village Golimangala, Sarjapur Hobli, Anchal Taluk, District Bangalore, for expansion of the Appellant's marketing yard. Noticing infirmities in the acquisition proceedings, but declining to quash the acquisition adverting to the larger public purpose, the High Court shifted the date of the notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') to the date of its order i.e. 211.2010, for determination of compensation. Aggrieved by the order, both the Appellant and the landowners are in appeal before this Court.

(3.) The statutory notification under Sec. 4(1) of the Act was published on 20.5.2002 and the Award made on 31.01.2005. On a challenge to the acquisition proceedings by the landowners, the Learned Single Judge, after perusing the original acquisition records, held that the declaration under Sec. 6(1) of the Act was made within statutory time from the last date of publication under Sec. 4(1) of the Act. But that the acquisition suffered from statutory non-compliance with regard to publication in two daily newspapers under Sec. 4(1) of the Act and improper consideration of the objections under Sec. 5A of the Act. Adverting to the public purpose of the acquisition, the proceedings were, however, declined interference and instead, the relief was moulded relying upon Competent Authority Vs. Barangore Jute Factory & Ors., (2005) 13 SCC 477, by shifting the date of the Sec. 4(1) Notification.