State
of Karnataka & Ors Vs. D.C. Nanjudaiah &
Ors [1996] INSC 1019 (26
August 1996)
Ramaswamy,
K. Ramaswamy, K.G.B. Pattanaik (J)
ACT:
HEAD NOTE:
O R D
E R
Though
the respondents have been served, no one is appearing either in person or
through counsel.
Leave
granted.
We
have heard learned counsel for the appellant.
The
controversy raised in this case is covered by the judgment of this Court in N. Narasimhaiah
vs. State of Karnataka [(1996) 3 SCC 88]. The admitted
facts are that notification under Section 4(1) of the Land Acquisition Act,
1894 was published on August
26, 1982 and enquiry
under Section 5-A was conducted thereafter. But before the receipt of the
report from the Land Acquisition Officer, the declaration under Section 6 was
published on June 24,
1985 within three
years. Two writ petitions were filed on December 10, 1985 challenging the notification under
Section 4(1) and the declaration under Section 6. The High Court allowed the
writ petitions and quashed the notification under Section 4(1) and declaration
under Section 6 by the impugned judgment dated February 26, 1991 made in Writ petition Nos. 19348 and 19349 of 1985. Thus,
these appeals by special leave.
It is
seen that the declaration under Section 6 was published within three years from
the date of the notification under Section 4(1) as upheld by the High Court.
But
the High Court noted that the enquiry under Section 5-A was not properly
conducted. The declaration under Section 6 dated June 24, 1985 quashed since the notification under Section 4(1) was dated
August 26, 1982 and the declaration could not be
published within three years even after excluding the period of pendency of the
writ petitions under proviso to Section 6 of the Act. Thus, the notification
under Section 4(1) was quashed. We find no justification for the view taken by
the High Court. It is seen that declaration under Section 6 was published, as
held by the High Court, within three years, but the conduct of the enquiry
under Section 5-A was found fault with and it requires to be quashed. If it is
quashed, necessarily an enquiry under Section 5-A has to be conducted. The
limitation, therefore, of conducting the enquiry and publication of the
declaration within three years would start running from the date of the receipt
of the order of the High Court and not from the date on which the original
publication of the declaration within three years would start running from the
date of the receipt of the order of the High Court and not from the date on
which the original publication under Section 4(1) came to be made. This view
was laid by this Court in Narasimiah's case (supra). For the same ratio, the
appeals are to be allowed and the declaration has to be quashed. Accordingly,
the declaration is quashed. The appellant is permitted to conduct an enquiry
within a period of four months from the date of the receipt of this order and
have the declaration published within one month thereafter.
The
appeals are accordingly allowed. No costs.
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