DEPUTY COMMISSIONER Vs. S.V. GLOBAL MILL LIMITED

JUDGEMENT

(1.) The present review petition is filed to review the order dtd. 25/9/2019 made in M.F.A. No.3806/2019 on the file of the Coordinate Bench of this Court, on the basis of the liberty granted by the Hon'ble Supreme Court.

(2.) It is pertinent to note that the Hon'ble Supreme Court by the order dtd. 11/8/2021 permitted the petitioner to withdraw Special Leave to Appeal (C) No.10452/2021 and to approach this Court by filing a review petition. The Hon'ble Supreme Court relegated the parties back to this Court to argue the point relating to the maintainability of appeal under Sec. 54 of the Land Acquisition Act, 1894 ('1894 Act' for short) as the said point was not raised and argued before this Court in the appeal.

(3.) On 7/2/2013, the review petitioner being the Special Land Acquisition Officer issued a preliminary notification under the provisions of Ss. 17(2) and 17(4) r/w Sec. 4(1) of the 1894 Act to acquire 3.16 acres of land out of 24 acres 4 guntas in property bearing No.59/1 sitauted at Binny Mill Road, Bengaluru North taluk, within the BBMP limits, invoking special powers in cases of urgency and same was published in the official gazette on 14/2/2013 and was affixed at convenient places near the land indicating the possession being taken without hearing the objections as contemplated under Sec. 5A of the 1894 Act and also given wide publications in the newspapers. Accordingly on 18/11/2013 final notification under sec. 6(1) r/w Sec. 17(2) of the 1894 Act was issued and possession of the land was secured. On 1/1/2014, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('2013 Act' for short) came into force. On 8/10/2014 the award came to be passed under the provisions of the 2013 Act.