Sangappa Gurulingappa Sajjan V.s State of Karnataka  INSC 515 (3 December 1993)
K. JAYACHANDRA (J) REDDY, K. JAYACHANDRA (J) RAY, G.N. (J)
1994 AIR 848 1994 SCC Supl. (1) 583 JT 1993 (6) 615 1993 SCALE (4)576
These review petitions have been filed against the order dated August 13, 1993 dismissing the SLPs. When it was
represented that on similar cases notice was issued, we issued notice and now
it transpires that the other cases are not similar on the point in issue. We
have heard learned counsel for the parties. Six acres 35 guntas of land
situated in Talikote Town, District Bijapur, Karnataka, bearing Survey No. 267/2 was
notified under Section 4(1) of the Land Acquisition Act,. 1894 for public
purpose namely, for construction of S.K. Arts and Commerce College. It was published on May 17, 1984. Under Section 6(1) a declaration
was also published in the Gazette on January 31, 1985.
the appellant filed Writ Petition No. 11804 of 1985 wherein the High Court of
Karnataka found that the petitioner had not received a notice under Section
5-A. As a result, by order dated October 31, 1988 while setting aside the declaration
under Section 6(1) dated January
31, 1985 directed the
petitioner to be present before the Land Acquisition Officer for inquiry.
Subsequently, the petitioner appeared and his objections were considered and
after overruling the objections, declaration under Section 6(1) was again
published on June 15,
1989. It would appear
that an award was also passed after service of notice under Sections 9 and 10.
Possession of the land was taken. He sought for and reference under Section 18
of the Act was made. The petitioner again, second time, filed Writ Petition No.
13127 of 1989 challenging the declaration under Section6(1). He also sought
stay of dispossession which was granted on 147 August 2, 1989. Ultimately the writ petitions and the writ appeals were
dismissed on February
1, 1993 and on April 22, 1993, respectively.
petitioner contends that the declaration under Section 6 was not published
within three years from the date of the notification dated May 17, 1984 and, therefore, the notification
under Section 4(1) shall stand lapsed. We find no substance in the contention.
Firstly, the case would be dismissed on a short ground that though this plea
was available to the petitioner, he did not raise the same in the first
instance and that, therefore, by operation of Section 11 CPC, it operates as
constructive res judicata.
first proviso to Section 6(1), as amended in the Land Acquisition (Amendment)
Act 68 of 1984 through Section 6 thereof that (i) no declaration in respect of
any particular land covered by a notification under Section 4, sub-section (1)
shall be published after the commencement of the Land Acquisition (Amendment
and Validation) Ordinance, 1967, but before the commencement of the Land
Acquisition (Amendment) Act, 1984, after the expiry of three years from the
date of publication of the notification; or (ii) after the commencement of the
Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one
year from the date of the publication of the notification. In other words,
under the pre-Amendment Act the declaration under Section 6(1) shall not be published
after the expiry of three years from the date of Section 4(1) publication and
after the commencement of the Amendment Act, the State has no power to proceed
with the matter and publish the declaration under Section 6(1) after the expiry
of one year from the date of the publication of the notification. Explanation I
thereto provides the method or mode of computation of the period referred to in
the first proviso, namely, the period during which "any action or
proceeding" be taken in pursuance of the notification issued under
sub-section (1) of Section 4 being "stayed by an order of a court shall be
excluded". In other words, the period occupied by the order of stay made
by a court shall be excluded. Admittedly, pending writ petition on both the
occasions the High Court granted "stay of dispossession". Admittedly,
the validity or tenability of the notification issued and published under
Section 4(1) is subject of adjudication before the High Court. Till the writ
petitions are disposed of or the appeals following its heels, the stay of
dispossession was in operation. Though there is no specific direction
prohibiting the publication of the declaration under Section 6, no useful
purpose would be served by publishing Section 6(1) declaration pending
adjudication of the legality of Section 4(1) notification.
action is taken to pre-empt the proceedings, it would be stigmatised either as
"undue haste" or action to "overreach the court's judicial
process". Therefore, the period during which the order of dispossession
granted by the High Court operated, should be excluded in computation of the
period of three years covered by clause (1) of the first proviso to the Land
Acquisition Act. When it is so computed, the declaration published on the
second occasion is perfectly valid. Under these circumstances, we do not find
any justification to quash the notification 148 PUblished under seection 6
dated May 17, 1984. The review petitions are
accordingly dismissed. No costs.