SHIVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner claims to be the owner of land bearing survey No.120/1 and 121/1 of Hebbasale Village, Kasaba Hobli, Sakaleshpura Taluk. The said land has been acquired by respondent No.1 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short LARR Act, 2013). The grievance of the petitioner is that though preliminary notification was issued on 15/4/2019, the final notification came to be issued on 8/7/2020, which is beyond the period of time prescribed under Sec. 19(7) of LARR Act, 2013. He therefore submits that the final notification having been published beyond a period of twelve months, the same is impermissible and as such he seeks for quashing of notification.

(3.) Sri Nithyananda K R, learned AGA would however submit that in terms of second proviso to Sec. 19(7) of the LARR Act, 2013, "the Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same." Considering the same in the present matter, the period being required to be extended a notification has been issued on 16/3/2020 extending the time to 20/9/2020 and as such he submits that the final notification having been issued prior to expiry of extended period, the contention of the petitioner is unsustainable and the petition is required to be dismissed.