K NANJUNDA SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Court by order dated May 30, 1997 (K. Nanjunda Swamy and Others v State of karnataka and Others), allowed the writ appeals filed by the petitioners, set aside the order dated june 19, 1996 (K. Nanjunda Swamy and Others v State of Karnataka and Others), made by the learned Single Judge and remitted the petitions for fresh consideration in accordance with law and in the light of the observations made therein. The only question that arise for consideration is as to, whether the publication of preliminary notification in the newspapers two years after it was published in the Official Gazette could be treated as the 'last date of such publication' for the purpose of computing the period prescribed for making the declaration under sub- Section (1) of section 6 of the Land Acquisition Act, 1894, hereinafter called 'the Act'?

(2.) THE undisputed facts in this case giving rise to the aforesaid issue are as follows: the 2nd respondent issued a notification dated 27-6-1992 under subsection (1) of Section 4 of the Act proposing to acquire certain lands for their housing scheme and got the same published in the Karnataka Gazette dated July 30, 1992. Sub-Section (1) of Section 4 of the Act prescribes the publication of such notification in two daily newspapers circulating in the locality of which at least one shall be in the regional language and cause a public notice issued of the substance of such notification. The notification issued under sub-section (1) of Section 4 of the Act as published in the Karnataka Gazette dated 30-7-1992 came to be pubh'shed in two daily newspapers dated September 25, 1994 and September 28, 1994 after two years from the date of publication of preliminary notification in the Official Gazette. The owners of the land filed their objections and the 3rd respondent after holding enquiry under Section 5-A of the Act submitted his report to the Government for issue of declaration. It is also material to see that a public notice of the substance of the preliminary notification is stated to have been published in the locality on may 9, 1994. The 3rd respondent after holding enquiry submitted a report pursuant to which the government made the declaration in [july] 27, 1995 as per Annexure-F and the same came to be published on November 21,1995.

(3.) FROM the aforesaid dates it is clear that the declaration was made beyond one year from the date of publication of the substance of notification issued under sub-section (1) of Section 4 of the Act in the locality and after two years from the date of publication of such notification in the official Gazette. However, it is true that the declaration has been made within one year from the date of publication or the notification in the newspapers circulating in the locality.