RAGHAVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant who is the original writ petitioner has taken an exception to the Judgment and order dated 9th February 2017 passed by the learned Single Judge in W.P.No. 34120/2015. The prayer in the writ petition filed by the appellant was for quashing and setting aside the notification under sub-section (1) of Section 4 of the Land Acquisition Act, 1984 (for short ' L.A. Act ') and for quashing a declaration under sub-section (1) of Section 6 of L.A. Act.

(2.) The land in subject matter of dispute is in Sy.No.58/2P1 measuring 0.22.50 acres situated at Permannur village, Ullala, D.K. District. Preliminary Notification in respect of the said land under sub-section (1) of Section 4 of L.A. Act was issued on 12th April 2013 which was published in Government Gazette on 15th April 2013. The appellant submitted objections to the acquisition by making a representation in writing to the 3rd respondent-Land Acquisition Officer. The appellant was called by the Land Acquisition Officer for hearing. The appellant filed W.P.No. 5953/2014 on 3rd of February 2014 for challenging the aforesaid notification under sub-section (1) of Section 4 of L.A. Act. On 25th June 2015, a declaration under sub-section (1) of Section 6 in respect of the said land was published in Official Gazette. W.P.No. 5953/2014 filed by the petitioner along with W.P. 46920/2013 filed by one Smt. Pauline Queeny Anand were disposed of by learned Single Judge by order dated 2nd August 2014. The learned Single Judge did not disturb the notification under sub-section (1) of Section 4 of L.A. Act. The learned Single Judge observed that the issues raised by the appellant can be considered at the time of an inquiry under Section 5A of L.A. Act. On 17th of July 2015, the appellant filed a second objection in accordance with Section 5A of L.A. Act. The present writ petition was filed by the appellant, as stated above, for challenging the Preliminary Notification under sub-section (1) of Section 4 of L.A Act dated 12th April 2013 and the declaration under sub section (1) of Section 6 dated 25th June 2015.

(3.) A statement of objections was filed by the respondents. It was pointed out in the statement of objections that inquiry under Section 5A was conducted on 19th of June 2013 and that objections were considered before issuing the declaration under sub-section (1) of Section 6 . It was pointed out that in terms of order dated 2nd August 2014 passed by this Court in earlier writ petition filed by the appellant, he did not file any additional objections and that is how a declaration under sub-section (1) of Section 6 was published on 25th June 2015. Reliance was placed in the statement of objections on the interim orders passed by this Court in different proceedings.