G JAYARAMA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A short question that arises for our consideration and decision in this appeal is whether acquisition of 1 acre 3 guntas of land comprised in Sy. No. 122 of Kodihalli, Varthur Hobli, Bangalore South Taluk (hereinafter shortly referred to as the 'schedule land') belonging to the appellant herein for a public purpose, to wit, for Golf-cum-Hotel Resort near airport should be sustained notwithstanding the fact that the acquisition of 38 acres 21 guntas of land acquired under the same notification has been condemned by a Division Bench of this Court as fraud on power and tainted by mala fide. The acquiring authority and the beneficiary of the acquisition would contend that the acquisition of the schedule land should be sustained notwithstanding the quashing of the notifications by the Division Bench of this Court with regard to 38 acres 21 guntas of land, on the ground of delay and laches on the part of the appellant in approaching this Court. On the other hand, it is the contention of the appellant that he has shown sufficient cause for the delay in approaching this Court for the relief. Alternatively, it was contended by the appellant that even assuming that the delay is not satisfactorily explained by the appellant, that circumstance should not come in the way of this Court quashing the land acquisition proceedings with regard to the schedule land, because, this Court has already quashed the acquisition of larger extent of land measuring 38 acres 21 guntas acquired under the same notification condemning the State action as fraud on power and tainted by mala fide and that order has become final and binding.

(2.) THE question set out by us at the threshold would arise for decision making in the following facts and circumstances: a total extent of 39 acres 24 guntas of land which includes the schedule land was acquired by the State Government in exercise of its eminent domain power for a public purpose, to wit, for Golf-cum-Hotel resort near Airport by issuing preliminary notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short, 'the Act'), dated 29-12-1981 and the same was published in the Karnataka Gazette, dated 7-1-1982 and that was followed by final notification under Section 6 (1) of the Act dated 16-4-1983 and the same was published in the karnataka Gazette on 16-6-1983 Award was passed by the Land acquisition Officer on 7-4-1986 The possession of the acquired land was taken on 28-7-1987 The appellant herein sought reference to the Civil court for higher rate of compensation by filing an application under section 18 of the Act and the same was referred to the Civil Court on 25-7-1987 and the same was numbered as L A C No 37 of 1988

(3.) ALTHOUGH 39 acres 24 guntas of land was acquired for the benefit of the Karnataka State Tourist Development Corporation (KSTDC), the 3rd respondent herein, it diverted the land in favour of respondents 4 and 5 herein by entering into agreements It is alleged that the 3rd respondent wanted to part with the acquired land in favour of respondents 4 and 5 and others even before taking possession of the acquired land by entering into agreements Later, it transpired that respondent 3 leased the acquired land in favour of respondents 4 and 5 for a period of 30 years by executing lease deeds dated 21-4-1989 and 9-1-1992 respectively Out of the acquired land, the 3rd respondent parted with almost entire land, 12 acres 31 guntas by means of sale and 13 acres by way of lease etc, in favour of private persons The lands were diverted for purposes other than the purpose for which it was acquired The acquired lands were diverted in favour of individuals for their private benefits and profits No part of the acquired land is used for the purpose for which it was acquired