UNIVERSITY OF AGRICULTURAL SCIENCE EMPLOYEE HOUSE BUILDING CO OPERATIVE SOCIETY Vs. STATE OF KARNATAKA REVENUE DEPARTMENT

JUDGEMENT

(1.) THIS matter has been remitted by an order of the Honble supreme Court dated 4. 10. 2001. Now it has been placed before us. The points in issue are what will be relevant date qua Section 6 notification, whether it is the date of publication in the Gazette or the date of declaration i. e. , whether it would be 9th May or 23rd May in the instant case, and whether the notification was issued within one year of the publication of Section 4 notification. Their Lordships while allowing the appeals, set aside the decision of the Division bench and remanded the matter for fresh consideration and it was kept open for the parties to file affidavits indicating the starting point of limitation for the purpose of Section 6 notification. 1a. For consideration of the above point, it is necessary to narrate the relevant facts: lands situated in yalahanka, Jakkur and Shivanahalli villages in bangalore North Taluk, Bangalore, were proposed for acquisition for providing house sites to members of U. A. S. Employees House building Co-operative Society. Preliminary notification in that behalf was issued on 30. 3. 1990 and published in the Sanjevani and Prajavani newspapers on 31. 3. 1990 and 5. 4. 1990 and published in the official gazette on 12. 4. 1990. Thereafter, after enquiry under section 5a of the Land Acquisition Act (in short `the Act) final notification was issued on 9. 5. 1991 and published in the Official gazette on 23. 5. 1991. Being aggrieved by the said notifications, land owners preferred Writ Petitions challenging the preliminary and final notifications, averring that the land is not required for public purpose, it is situated in agglomeration area, there are structures in the land sought to be acquired and also mainly contending that final notification was not issued within one year of publication of preliminary notification and hence acquisition proceedings are vitiated and liable to be quashed.

(2.) THE Writ Petitions were resisted by the respondents and the society filed statement of objections denying the averments made in the petitions and contended that lands were acquired for public purpose, viz. , to provide house sites to its members. Prior approval of the State Government on the basis of the housing scheme submitted by the Society has been obtained before initiation of acquisition proceedings and final notification is declared within one year of notification under Section 4 (1 ). It is stated that individual notices were served upon petitioners on 15. 5. 1990 and final notification declared on 9. 5. 1991 is within one year time prescribed under the Act.

(3.) THE learned Single Judge by his order dated 14. 2. 1997 held that final notification was not declared within one year of publication of preliminary notification as preliminary notification was gazetted on 12. 4. 1990, original records did not reveal that any public notice was affixed at Village Panchayat and wherefore final notification dated 9. 5. 1991 is beyond time and hence quashed preliminary and final notifications impugned in the Writ Petitions.