RAGHAVA Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) In this petition, petitioner has sought for the following reliefs:-

(2.) Heard the learned counsel for petitioner and learned counsel for the respondents and perused the material on record.

(3.) In addition to reiterating the various contentions urged in the petition and referring to the documents produced by the petitioner and the other material on record, learned counsel for the petitioner submits that having regard to the fact that the final notification under Section 6(1) of the Land Acquisition Act, 1894 (for short 'the Act of 1894') was issued on 25.06.2015 after a lapse of two years and two months after issuance of the preliminary notification dated 12.04.2013, the impugned notifications and acquisition proceedings pursuant thereto, deserve to be quashed for non issuance of the final notification within the mandatory period of one year from the date of the preliminary notification. It was submitted that the period during which the interim order dated 05.02.2014 passed by this Court in W.P.5953/2014 was in force can not be excluded since the said interim order did not attract explanation 1 to Section 6(1) of the Act. Secondly, it is contended that necessary enquiry under Section 5-A of the Act of 1894 was not conducted prior to issuance of final declaration under Section 6(1) and consequently, the acquisition proceedings are vitiated on this ground also. Thirdly, it was submitted that the enquiry mandated under Section 5-A is not an empty formality and in the facts of the instant case, the said enquiry having not been conducted in accordance with law, the acquisition proceedings deserve to be quashed.