Y N NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is knocking at the doors of writ court for assailing the acquisition of the subject lands pursuant to Preliminary Notification dtd. 25/4/2007 (Annexure-B) issued u/s.4(1) followed by the Final Notification dtd. 29/7/2008 (Annexure-D) issued u/s.6(1) of the erstwhile Land Acquisition Act, 1894. Learned Sr. Advocate Mr.A.Nagarajappa in all fairness having notified to the court the earlier rounds of unsuccessful challenge argues that neither the possession having been taken nor the compensation having been paid within the statutory period, his client is entitled to the benefit of lapse of acquisition in terms of Sec.24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In support of his submission he relied upon certain rulings of the Apex Court.

(2.) After service of notice, learned AGA appears for respondent nos. 1 to 3; the 4th respondent-TMC is represented by its Sr. Panel Counsel Mr. Gangadharappa and 5th respondent-Board speaks through its Panel Advocate. Both the 4th & 5th respondents have filed their Statement of Objections. The learned Advocates appearing for the State, TMC and the Board make submission in support of the impugned acquisition controverting the petition averments. They contend that the ruling cited on behalf of the petitioner do not have much relevance to the case at hand which is liable to be resjudicated. So contending they seek dismissal of the writ petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter for the following reasons: