UNIVERSITY OF AGRICULTURAL SCIENCE EMPLOYEE HOUSE BUILDING CO-OPERATIVE SOCIETY Vs. STATE OF KARNATAKA, REVENUE DEPARTMENT BY ITS COMMISSIONER AND SECRETARY AND OTHERS

JUDGEMENT

(1.) THIS matter has been remitted by an order of the Hon'ble 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:

(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.) BEING aggrieved by the order of the learned Single Judge, Society preferred W.A.Nos. 2319/1997 and connected matters and the Division Bench of this Court by order dated 16.10.1998 confirmed the order 14.2.1997 passed by learned Single Judge (1999 (1) KLJ 75).