LAWS(KAR)-2006-1-52

CHENNA Vs. STATE OF KARNATAKA

Decided On January 18, 2006
CHENNA BYRAPPA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) HEARD Sri M. Shivaprakash, learned counsel appearing for the petitioner and Sri. C. Venkatapathi, learned Government Pleader appearing for the respondents and perused the material on record.

(2.) THE petitioner has sought for quashing the acquisition Notification vide Annexure 'a' to the petition, by which the petitioner's land bearing Survey No. 102/1, measuring 14 guntas, situated at yentiganahalli village, Kasaba Hobli,' nelamanagala Taluk, which was acquired for the purpose of granting of house sites.

(3.) THE records disclose that the preliminary Notification issued under Section 3 (1)of the Karnataka Acquisition of lands for grant of House Sites Act 1972, was published on 26th September 1978. The name of the petitioner finds place at SI. No. 6 in. the said Notification. Subsequently, the final notification is issued on 15th December 1983. Though the final notification is issued as back as in the year 1983, till this day, no award is passed by the respondent. The same is clear from the endorsement issued by the Assistant Commissioner, Doddaballapur Sub-Division, Bangalore, vide annexure-'e' dated 24-7-2001. Thus, even on 24-7-2001, the award was not passed by the respondents. Even the statement of objection filed on behalf of the State on 4-10-2001 makes it clear that the award is not passed.