NAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The land owners have questioned the final notification vide Annexure-B and E, respectively, on the ground that the proposed acquisition is without securing approval of the scheme. The petitioners have also questioned the action of the State in acquiring petition lands on the ground that the same contravenes Sec. 5A of the Land Acquisition Act, 1894 (for short " Land Acquisition Act ").

(2.) The petitioners' grievance is that there is no objective assessment of the objections tendered by the land owners under Sec. 5A of the Land Acquisition Act. The petitioners have also claimed that award notice is defective as the same is passed beyond stipulated period of two years and therefore, it contravenes Sec. 11A of the Land Acquisition Act.

(3.) During pendency of the petition, an application was filed seeking amendment. Said application was allowed vide order dtd. 11/1/2023. I have gone through the amendment application tendered by the GPA holder of the petitioners. The GPA holder who happens to be the developer claims that there is an agreement with the owners. Though the amendment application is allowed, on examining the averments made in the application, which is supported by an affidavit, it is clearly forthcoming that a third party is prosecuting this writ petition.