THAMMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal has been filed against an order dtd. 5/10/2021 passed by the learned Single Judge by which the writ petition preferred by the appellant has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the appellant was owner of land bearing Sy.Nos.52/8 measuring 29 guntas and 10/3 measuring 1 acre 17 guntas situated at Nagadevanahalli Village, Kengeri Hobli, Bangalore South Taluk. The land held by the appellant was required for the purposes of Kalyan Co-operative Housing Society. Thereupon, proceeding under the Land Acquisition Act , 1894 (hereinafter referred to as 'the Act') was initiated. A preliminary notification dtd. 24/5/1983 was issued and thereafter a declaration under Sec. 6 of the Act was issued on 26/5/1986.

(3.) The appellant filed a writ petition on or about 25/2/2016 in which the preliminary notification dtd. 24/5/1983 as well as final notification dtd. 26/5/1986 were assailed. In addition, the appellant also sought relief to declare that the acquisition proceeding had lapsed under Sec. 24 of Right to Fair Compensation and Transparency in Land Acquisition, Re-habilitation and Re-settlement Act, 2013.