K NANJUNDA SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SURVEY Numbers 64 and 118/1 of Nagawara Village in Bangalore North Taluk measuring 3 acres 23 guntas and 1 acre 11 guntas respectively, owned by Nanjundaswajny, appellant in W. A. No. 7189 of 1996, Survey Nos. 61/1 and 63/2 of the same village respectively measuring 1 acre 34 guntas and 32 1/2 guntas, owned by the appellant in W. A. No. 7190 of 1996, namely Pillanna since deceased by his legal representatives, and Survey No. 65 of the same village measuring 1 acre 32 guntas owned by Vehkatappa and his brothers who are appellants in W. A. No. 9704 of 1996, were among 179 survey numbers proposed for acquisition for the purpose of housing scheme of the Karnataka Housing Board. Preliminary notification was issued on 27-6-1992 and was published in the Official Gazette on 30-7-1992. On consideration of objections of the appellants and others under Section 5-A of the Land Acquisition Act, 1894 ('the Act' for short), a declaration under Section 6 (1) of the Act was made on 27-9-1995 and the same was published in the Gazette on 21-11-1995. On the ground that the declaration under Section 6 (1) of the Act has not been made within one year from the date of publication of Section 4 (1) notification as required under clause (ii) of the first proviso to sub-section (1) of Section 6 of the Act, appellants approached this Court under Article 226 of the Constitution seeking quashing of the said preliminary and final notifications. Learned Single Judge having dismissed the writ petitions, these appeals are filed under Section 4 of the Karnataka High Court Act, 1961.

(2.) WRIT petitions concerned came to be disposed of by the learned Single Judge at the stage of preliminary hearing itself. Writ Petition No. 7189 of 1996 filed by Nanjunda Swamy and Writ petition No. 7190 of 1996 filed by N. Pillanna were disposed of by a common order dated 19-6-1996, and W. P. No. 9704 of 1996 filed by Venkatappa and his brothers was disposed by the order dated 30-7-1996. All the three writ petitions were disposed of at the preliminary hearing stage itself.

(3.) PRELIMINARY notification under Section 4 (1) is required to be published in the Official Gazette and in two daily newspapers circulating in the locality concerned, of which at least one shall be in the regional language. Section 4 (1) further requires causing of public notice of the substance of such notification at convenient places in the locality. Last of the dates of such publication and giving of such public notice, as provided under Section 4 (1) of the Act, is referred to as the date of publication of the notification. Clause (ii) of the first proviso to sub-section (1) of Section 6 mandates that no declaration under Section 6 (1) shall be made after expiry of one year from the date of the said publication of the notification under Section 4 (1 ).