NATIONAL EDUCATION FOUNDATION Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THOUGH this matters are posted for orders, with the consent of the learned Counsel appearing for parties, the matter is taken up for final hearing and is disposed of as follows:

(2.) PETITIONER in this petition is a registered Trust by name National education Foundation represented by its Trustee. In this petition, petitioner has sought for a mandamus, directing the respondents to issue the Final Notification regarding the schedule property under Section 6 of the Land Acquisition Act, 1894 within the period of one year from the date of publication of corrigendum Notification issued under Section 4 of the Land Acquisition Act, 1894. In the alternative, petitioner has sought for a direction, directing the respondents to take a decision with regard to finalization of the acquisition proceedings regarding the schedule property on or before the expiry of the period of one year from the date of publication of the corrigendum to the Preliminary notification. Further, petitioner has also prayed to stay all the further proceedings to the endorsement dated 5th June 2006 issued by State government vide Annexure-G, till the disposal of the above writ petition in the interest of justice and equity.

(3.) PETITIONER is a registered Trust claiming to have taken up charitable educational activities and hence, they are entitled to initiate the proceedings under the Land Acquisition act by acquiring the lands for further development of their educational activities. Accordingly, the matter was placed before the Trust and the Trust in turn has passed the resolution dated 18th April 2003, resolving to request the state Government to acquire 48 acres 11 guntas of land for the purpose of trust for development of educational activities. Accordingly, the requisition was submitted before the State Government on 2nd May 2003 and 9th may 2003. In pursuance to be said request made by the petitioner-Trust, the Special Land acquisition Officer sent a recommendation dated 17th June 2003. Accordingly, in the light of the recommendation sent by the Special Land acquisition Officer, the authorized jurisdictiorial Officer has issued the preliminary Notification under Section 4 (1)of the Karnataka Land acquisition Act dated 4th March 2005 and the same was published in the karnataka Gazette on 10th March 2005 vide Annexure-C. However, inadvertently, some error had crept in while issuing the said Notification in respect of the name and designation of the authority issuing the said notification in as much as, instead of mentioning as Special Deputy commissioner, Bangalore District, Bangalore, it had been wrongly mentioned as Special Land Acquisition Officer, hemavathy Canal Zone, tumkur. Therefore, a corrigendum was issued by the Assistant commissioner and Special Land Acquisition officer, Kolar Sub-Division, kolar on 20th April 2005 vide Annexure-D. Therefore, petitioner-Trust has submitted a representation dated 24th April 2006 to the Government, requesting the authority to complete the acquisition proceedings. Thereafter, the petitioner-Trust has submitted one more representation on 29th April 2006 requesting the Principal Secretary to Revenue department to issue the Final declaration under Section 6 (1) of the Land acquisition Act since the limitation period will expire on 4th May 2006. It is the case of petitioner-Trust that, the said representation submitted on 29th April 2006 is neither considered nor any decision is taken to issue the Final Notification as required under Section 6 (1) of the Land acquisition Act. Therefore, petitioner has approached this Court and presented the instant writ petition on 2nd May 2006. This writ petition had come up for consideration for preliminary hearing before this Court on 4th May 2006, on which date, Emergent notice was ordered. With this background, petitioner-Trust felt necessitated to present the instant writ petition seeking appropriate relief, as stated supra.