D.S. CHAKRAPANI S/O. SRI D. SUBBAPPA GOWDA Vs. THE SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT (LA), THE DEPUTY COMMISSIONER, THE DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION, MANGALORE DIVISION AND KARNATAKA STAT

JUDGEMENT

(1.) IN this writ petition, the Petitioner seeks quashing of the preliminary notification dated 28.3.2007 issued Under Section 4(1) of the Land Acquisition Act and also the final, notification dated 12.8.2010 and the aforesaid prayers are made by the Petitioner in the context of the following facts.

(2.) THE 2nd Respondent Dy. Commissioner, Mangalore issued the notification dated 28.3.07 for acquiring Sy. No. 477/2 measuring 4 acres 90 cents belonging to the Petitioner and also other adjoining lands situated in Sulliya Taluk and response to the notice issued to him, the Petitioner filed his objections and thereafter the Notification date 6.10.07 was issued Under Section 6(1) of the Land Acquisition Act and before publication of Final Notification could be issued, the Petitioner approached this Court in writ petition and the matter then went up before the writ appeal court in W.A. No. 3275/09 and the Division Bench directed the 2nd Respondent to afford an opportunity to the Petitioner and after completion of hearing on the objections raised by the Petitioner, the Dy. Commissioner was directed to submit the report to the Government on or before 15.3.2010.

(3.) LEARNED Counsel Sri. S. Subhash for the Petitioner referring to the aforesaid events, submitted that the notifications impugned are liable to be quashed on three main grounds. The first one is that, no enquiry was held and objections filed by the Petitioner were not considered and no reasons were given for rejecting the objections also. It is then contended that, the final notification issued on 12.8.2010 is beyond the period of limitation and as such, in view of the Apex Court decision reported in Padmasundara Rao and Others Vs. State of Tamil Nadu and Others, AIR 2002 SC 1334 , the final notification is liable to be quashed as it was issued long after the limitation period was over.