S B NAGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Commissioner, Shimoga Urban Development Authority, issued a notification dated 12-11-1992 under Section 17 of the Karnataka Urban development Authorities Act, 1987 (hereinafter referred to as 'kuda act'), proposing to acquire the land measuring 3. 29 guntas in Survey No. 112 situated at Somanakoppa Village, Shimoga Taluk, along with other lands. This notification was followed by final notification dated 24-5-1994 issued by the State Government under Section 19 (1) of the KUDA act. Thereafter, the State Government issued a notification dated 22-8-1998 withdrawing the acquisition proceedings in respect of the land measuring 3 acres 29 guntas in Survey No. 112 of Somanakoppa Village. Subsequently, the Government issued another notification dated 11-4-2000. This notification is under challenge by the petitioners in this petition.

(2.) THE learned Counsel for the petitioners submits that the State government having withdrawn the acquisition proceedings in exercise of the power conferred on it under Section 48 of the Land Acquisition act, 1894 (hereinafter referred to as 'the LA Act'), has no authority whatsoever to withdraw the notification under which the acquisition proceedings were withdrawn. Nextly, it is submitted that once rights are created in the landowners consequent on the withdrawal of the acquisition proceedings by issue of notification, no notification could be issued withdrawing the said notification without complying with the principles of natural justice by affording an opportunity to the landowners.

(3.) IN reply to the said submission, learned Counsel appearing for respondent 2 submits that the Government had not exercised any power under Section 48 of the Land Acquisition Act in order to withdraw the acquisition proceedings and on the other hand the Government issued the notification withdrawing the acquisition proceedings under Section 19 (7) of the KUDA Act which is without authority and jurisdiction and therefore, in exercise of the power under Section 21 of the General clauses Act, the State Government has issued the impugned notification having realised the mistake in issuing the- notification under Section 19 (7) of the KUDA Act.