PUTTARUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) NOTICE under Section 4(1) of the Land Acquisition Act proposing to acquire land measuring four acres comprising Survey No. 28/1 of Mallathahalli was issued on 28 -12 -1992 which was challenged by the appellant in the Writ Petition No. 29081 of 1993. The writ petition was dismissed on the ground that as final notification under Section 6(1) of the Act had not been issued, the writ petition was premature. Liberty was given to the appellant to approach the Court in the event the notification under Section 6(1) of the Act was issued. It is contended that the impugned order has been passed completely ignoring the facts of the case inasmuch as notification under Section 6(1) of the Act in fact had been issued by the Competent Authority and the appellant was permitted to challenge the same by amending his writ petition.

(2.) THE record of the proceedings supports the contention of the learned Counsel appearing for the appellant. It appears that during the pendency of the writ petition a final notification was issued which was published in the Karnataka Gazette on 14 -4 -1994. The appellant thereafter filed an interlocutory application praying therein for quashing the final notification Annexure -E for the reasons already detailed in the writ petition and further on the ground that as the final notification had been issued after a lapse of one year from the date of preliminary notification the same was liable to be quashed. The appellant prayed for amendment of the writ petition by adding the following prayer: