SRINIVASA MURTHY V. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ appeal is against the order dtd. 20/1/2023 passed in W.P.No.29631/2017 (LA-BDA) by which the writ petition filed by the appellant seeking quash of the Preliminary Notification dtd. 26/11/1959 published on 28/1/1960 under Sec. 4(1) and Final Notification dtd. 28/9/1965 issued under Sec. 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894' for short) to the extent of the property bearing Sy.No.26/1 measuring 5 acres 3 guntas situated at Jakkasandra Village, Beguru Hobli, Bengaluru South Taluk, Bengaluru was dismissed by imposing an exemplary cost of Rs.2,00,000.00 (Rupees Two Lakhs only) payable by the appellant to the High Court Legal Services Committee, Bengaluru, within eight (8) weeks. It is further directed to pay Rs.200.00 per day in the event of any delay in depositing the said amount.

(2.) The above writ petition was filed by the appellant contending that he continued to be in possession of the said land even after passing of the award on 1/1/2009 resulting in lapsing of proceedings under Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and under Sec. 27 of the Bangalore Development Authority Act,1976 and that no compensation has been paid to the land owner under whom the appellant is claiming his right over the property as a relinquishee and also on the ground that the lands are de-notified under Sec. 48 of the Land Acquisition Act, 1894 vide Notification dtd. 14/12/2009.

(3.) The said writ petition was resisted by the respondents on the grounds of locus standi of the appellant and delay in filing the writ petition without any explanation and also on the earlier unsuccessful challenge to the acquisition proceedings.