G N SHIVASHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the appeal is directed against the order dismissing the writ petition filed by the appellant.

(2.) briefly stated, the facts are these; we are concerned with land admeasuring 1a-30g bearing sy. No. 658/2a and land admeasuring 1a-37g bearing sy. No. 658/2b in chamarajanagara taluk, Mysore district. These lands belong to the appellant. On 4th march, 1985 a notification was issued under Section 4(1) of the Land Acquisition Act, 1894, to acquire the lands for the public purpose of the regional silk research centre. A notification dated 4th december, 1986 was issued under Section 6 of the act. On 23rd january, 1987 the appellant filed a writ petition in this court (being W.P. No. 1044 of 1987) and obtained on 23rd january, 1987 an interim stay of further proceedings. The writ petition was heard and disposed of on 4th october, 1988. The learned judge found from the records produced by the government pleader that the enquiry under Section 5-a did not meet the requirements of law for there was nothing to show that the objections of the appellant had been considered. In the circumstances, he held the enquiry to be bad and allowed the writ petition. He directed the appellant to appear before the land acquisition officer on 25th october, 1988. On 25th november, 1988 a fresh enquiry under Section 5-a was started and it was concluded on 23rd december, 1989. On 12th april, 1990 the state government approved the report of the land acquisition officer and directed the issuance of a Section 6 notification. The Section 6 notification was issued on 3rd may, 1990. This writ petition was filed to challenge the acquisition proceedings.

(3.) the interim stay was granted on 23rd january, 1987 and remained in operation upto 4th october, 1988, when the writ petition was decided; the period of 1 year 9 months and 12 days was covered by the stay. That this period has to be excluded from the statutory period of 3 years for the issuance of a Section 6 notification is not in dispute.