DYAMAPPA B TALAWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions the petitioners have challenged notifications dated 20.3.89 and 9.4.1990 issued under Section 4(1) and 6(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act 1894').

(2.) The lands belonging to the petitioners in these Writ Petitions were proposed for acquisition by notification issued under Section 4(1) of the Act, 1894, The Deputy Commissioner after holding enquiry submitted the Report as contemplated under Section 5A of the Act 1994 to the Government. On the basis of the said Report the Government issued a final notification dated 9.4.1990 under Section 6(1) of the Act, 1894. The said notifications are called in question in these Writ Petitions by the petitioners.

(3.) This Court on an earlier occasion allowed some of the Writ Petitions holding that the notification issued under Section 6(1) of the Act is beyond the period of one year from the date of preliminary notification issued under Section 4(1) of the Act, 1894. Aggrieved by the said order the Housing Board preferred Writ appeals to the Divisions Bench of this Court. The Division Bench set aside the order of the Learned Single Judge and held that the final notification issued under Section 6(1) is within the period specified in proviso to Section 6(1) and remitted the matter to the Single Judge to consider other grounds urged by the petitioners. Therefore, these petitions are now listed for hearing to consider the grounds other than the ground one decided earlier in the Writ Petitions.