TAYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short question that falls for consideration in this appeal is:

(2.) The only reason for rejection of the request for conversion of the land is that the land in question was proposed for acquisition by issuing a notification under Section 4 (1) of the Land Acquisition Act, 1894 (Central Act No.1 of 1894) as per the Gazette Notification dated and published on 22.11.2013.

(3.) The land has been proposed for acquisition to provide rehabilitation of the displaced persons on account of the probable submergence of the lands in Upper Krishna Project consequent upon the increase of the height of 'Almatti' dam. It is also not in dispute that though the notification under Section 4 (1) of the Land Acquisition Act, 1894, has been published on 22.11.2013, so far final notification has not been issued. Indeed, the petitioner/appellant contends that the proposed acquisition has lapsed as no final declaration was issued within one year as required in law.