HOUSING COMMISSIONER Vs. ANALABAI

JUDGEMENT

(1.) The Commissioner, Karnataka Housing Board has filed this writ appeal aggrieved of the impugned order dtd. 28/7/2017, wherein the learned Single Judge allowed the writ petitions and quashed the Preliminary Notification dtd. 26/3/2010 issued under Sec. 4(1) of the Land Acquisition Act as well as the Final Notification dtd. 7/2/2012 under Sec. 6(1) of the Act, insofar as the petitioner's lands are concerned.

(2.) There is a delay of 1500 days in filing the appeal. The reasons furnished by the Commissioner for condonation of delay is that a review petition was filed before the learned Single Judge in R.P.No.100045/2020 and the same was disposed of on 20/9/2021. The writ petitions were disposed of on 28/7/2017 and certified copy was received by the appellant on 7/8/2017. During the course of these proceedings, orders have been passed that the interlocutory application seeking condonation of delay shall be considered along with the main matter.

(3.) Insofar as the merit of the matter is concerned, it is the contention of the appellant that the writ petitions were not disposed of on merits. The writ petitioners had sought for a writ in the nature of certiorari to quash the acquisition notification on the basis of the grounds raised in the writ petitions. Admittedly, the learned Single Judge considered the resolution dtd. 8/12/2016 said to have been passed by the appellant-Board resolving to write to the Government to drop the acquisition proceedings in respect of lands of those owners who do not agree for sharing developed land at a certain percentage in view of the fact that the Board was facing financial constraints. A submission is said to have been made by the learned Counsel appearing for the Karnataka Housing Board (hereinafter referred to as 'KHB', for short) that the writ petitioners have not agreed or come forward to accept a portion of the developed land, in terms of the resolution passed by the Board. It was also recorded by the learned Single Judge that the Board has no objection in allowing the writ petitions and proceeding to quash the acquisition notification insofar as the lands pertaining to the writ petitioners are concerned.