KARNATAKA HOUSING BOARD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is listed to consider I.A.1/2020 which has been filed by the legal representatives of respondent No.2 seeking dismissal of the writ appeal.

(2.) Sri Manmohan P.N., learned counsel for the legal representatives of respondent No.2 submitted that this appeal has been filed by the Karnataka Housing Board (hereinafter referred to as Housing Board for the sake of convenience) assailing the order of the learned Single Judge dated 29.05.2012 passed in W.P.No.25184/2011. By the said order, learned Single Judge upheld his earlier order of the same date passed in W.P.No.9593/2007 and connected matters and quashed the acquisition notifications and allowed the writ petitions. Being aggrieved by the same, the Housing Board has preferred this appeal.

(3.) Briefly stated, the facts are that the appellant Housing Board which is a statutory body established under the provisions of the Karnataka Housing Board Act, 1962 (hereinafter referred to as the Act , for the sake brevity) had issued notification bearing No.KHB/LAq.1/2007-08 dated 18.04.2007 by exercising power under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as LA Act , for the sake of brevity). The said notification was published in the Official Gazette on 12.07.2007 and thereafter, in two daily newspapers on 18.08.2007 and local offices during the period from 13.08.2007 to 24.08.2007. The said notification was with regard to acquisition of an extent of 56 acres 37 guntas of land situated at Kowdenahalli Village, K.R.Puram Hobli, Bengaluru East Taluk, Bengaluru (hereinafter referred to as the subject land or land in question for the sake of convenience). Respondent No.2, in response to the said notification, filed his objections on 17.09.2007. Thereafter, an enquiry under Section 5A of the LA Act was held and subsequently, the State Government issued the declaration and notification under Section 6(1) of the LA Act bearing No.RD 30 L.Aq. 2009 dated 26.03.2009. The said declaration and final notification was published in the Official Gazette on 11.06.2009 and in two local newspapers on 12.07.2009. Being aggrieved by the issuance of said acquisition notifications, respondent No.2 filed W.P.No.25184/2011 seeking quashing of the same.