UNIVERSITY OF AGRICULTURAL SCIENCE EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY HEBBAL BANGALORE Vs. SPECIAL LAND ACQUISITION OFFICER BANGALORE

JUDGEMENT

(1.) THE appellant is a registered housing co-operative society. It is aggrieved by the order dated 14-2-1997 passed in W. P. No. 2919 of 1992 and analogous cases. By the impugned Order, the learned single judge has quashed the notifications issued under sections 4 (1) and 6 (1) of the Land Acquisition Act, 1894 (in short the 'act') by which the lands of the private respondents were sought to be acquired for the purpose of formation of housing sites by the appellant-society.

(2.) THE short question of law involved in this writ appeal is as to whether the declaration under Section 6 of the act was barred by limitation under clause (ii) of the proviso to Section 6 (1) of the act?

(3.) THE preliminary notification under Section 4 (1) of the act was first published in the two local dailies viz. , prajavani and sanjewani on 31-3-1990 and 5-4-1990 respectively. Thereafter, the same was published in the Karnataka gazette on 12-4-1990. According to the learned single judge, since there was no convincing material on record to show that the substance of the said notification was published at the convenient places in the locality of the villages in question, therefore, he took the last date of publication of the said notification as 12-4-1990 for the purpose of computing limitation under clause (ii) of the proviso to Section 6 (1) of the act.