K. GANGANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The lands of the petitioner have been acquired by the respondents for the purposes of Indian Railways. On the ground that there has been delay in passing the final notification contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the Act' for short), the petitioner has challenged the said acquisition.

(2.) The preliminary notification under Sec. 11(1) of the Act was passed on 19/6/2020. Thereafter, the time for publishing the final notification was extended, as per Sec. 19(7) of the Act, by a notification dtd. 3/12/2021 wherein the time stood extended from 2/7/2021 to 31/12/2021. Thereafter, it was again extended by another notification dtd. 17/3/2022 for the period from 1/1/2022 to 30/6/2022. Thereafter, it was again extended by a notification dtd. 25/8/2022 for the period from 30/6/2022 to 30/8/2022. Again, it was extended by a notification dtd. 25/11/2022 for the period from 1/11/2022 to 31/12/2022. Again, it was extended for the period from 1/1/2023 to 31/3/2023 by a notification dtd. 6/3/2023. Again, it was extended for the period from 31/3/2023 to 10/4/2023 by a notification dtd. 10/4/2023 and the final notification has been published on 10/4/2023. The case of the petitioner is that no appropriate reasons have been given for the said extension and even otherwise, extension of time as contemplated under Sec. 19(7) of the Act also was not properly done and as reflected by the dates on which the notifications were published, it shows that by the time the notifications for extension were issued, the time had already lapsed and for the said reason, it is prayed that the preliminary notification and the final notification be set aside.

(3.) Per contra, the learned counsel appearing for the respondents, submits that the petitioner has not impleaded Indian Railways, who is the beneficiary of the acquisition as a party to the proceedings. That the acquisition took place during the COVID period and furthermore that there was a death of the jurisdictional Special Land Acquisition Officer, which warranted extension of time. He further submits that the assembly elections were scheduled in the State of Karnataka in the year 2023. He also submits that the said reasons have been recorded and for the said reasons, there has been extension of time to issue final notification. He also contends that the petitioner had not objected to the acquisition process and he had not filed his objections pursuant to issuance of the preliminary notification. For the said reasons, he prays for dismissal of the writ petition.