State of Karnataka and Others vs P.V. Rajashekara Reddy and Others

Anand Byrareddy, J.—Heard the Counsel for the appellants and the respondents.

The appellant-State Government is said to have acquired various lands for the establishment of Central Jail at Parappana Agrahara, including the lands of the respondents. The respondents had challenged the acquisition proceedings in W.P. No. 31154 of 1995. The same was allowed quashing the final notification and directing the appellant-State to provide an opportunity of hearing to the respondents from the stage of Section 4(1) notification under the Land Acquisition Act, 1894. The respondents are said to have been heard and their objections overlooked. The final notification was published in the year 2001. It was again challenged by the respondents in yet another writ petition, on the ground that the final notification was filed beyond a period of one year.

Though it is sought to be contended that the notification was within time. If the date of the notification u/s 4(1) is deemed to be with effect from the order of this Court directing that fresh proceedings be initiated from the stage of issuance of Section 4(1) notification and the proceedings having been initiated within one year from that date, the final notification ought to be held to have been passed within one year from the date of publication of the notification u/s 4(1). This contention cannot be sustained. Hence, the appeal is rejected. The appellant-State Government is at liberty to initiate fresh proceedings, if the law so permits.