MARROF KHAN Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THESE appeals are preferred impugning the learned Single Judge's order, dated 14.2.2013 passed in W.P. Nos. 80218/2012 and 80409/2012 (LA -RES).

(2.) THE facts of the case in brief are that the lands in question measuring 4 acres 20 guntas along with other lands are acquired for the purpose of construction of drinking water storage tank for Manvi town. In this regard, preliminary notification, dated 14.7.2010 and final notification, dated 26.9.2011 came to be issued under Section 4(1) and 6(1) respectively of the Land Acquisition Act, 1894. The appellants unsuccessfully challenged the said notifications insofar as they pertain to their lands.

(3.) TO buttress his submission that the Section 5A report has to be prepared only after calling for the objections, giving an opportunity of hearing, considering all the materials placed and the objections raised by the land owners, he relies on the Apex Court's judgment in the cases of Surinder Singh Brar and others v. Union of India and others reported in : (2013) 1 SCC 403, M/s. Kamal Trading Private Limited v. State of West Bengal and others reported in 2011 STPL (Web) 1052 SC and Gojer Brothers Pvt. Ltd. and another v. The State of West Bengal and others reported in : JT 2014 (1) SC 555.