DECO EQUIPMENTS PVT. LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed the present petition seeking quashing of the Award at Annexure-'X' dtd. 20/1/2016 passed by respondent No.4 - Land Acquisition Officer, Mysore District. The petitioner has also sought for issuance of a writ of mandamus to draw up an Award in terms of Sec. 26 of 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013' ('hereinafter referred to as '2013 Act').

(2.) The Preliminary Notification under Sec. 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as '1894 Act') was issued on 15/3/2008 notifying the land of the petitioner. The Final Notification under Sec. 6 and 17(1) of 1894 Act came to be passed on 5/6/2009. The validity of the notification came to be challenged in W.P.No.405/2010, which was disposed off remitting the matter for fresh disposal after affording an opportunity of hearing under Sec. 5-A of 1894 Act.

(3.) After rejecting the objections, the Notification was published under Sec. 6(1) of 1894 Act. The petitioner challenged the validity of the Notification in W.P.No.10322/2013 and during the pendency of the said Writ Petition, 2013 Act came into force and the petition was disposed off as follows:-