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Special Leave Petition (C) No.22311 of 2012 with (SLP (C) Nos.22307-22309 of 2012). Case: K.N. Aswathnarayana Setty (Dead) through LRS and Ors. Vs State of Karnataka and Ors.. Supreme Court

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Case NumberSpecial Leave Petition (C) No.22311 of 2012 with (SLP (C) Nos.22307-22309 of 2012)
Party NameK.N. Aswathnarayana Setty (Dead) through LRS and Ors. Vs State of Karnataka and Ors.
JudgesDr. B.S. Chauhan, J.
IssueLand Acquisition Act 1894 - Sections 4(1), 6, 48(1); Transfer of Property Act 1882 - Section 52
Judgement DateDecember 02, 2013
CourtSupreme Court

Judgment:

Dr. B.S. Chauhan, J.

  1. These petitions have been filed against the judgment and order dated 24.10.2011, passed by the High Court of Karnataka at Bangalore in Writ Appeal No.1421 of 2008 etc. affirming the judgment of the learned Single Judge dated 17.4.2008 passed in Writ Petition No. 11502/2006, by which and where under the court had quashed the order dated 27.2.2004, passed by the Revenue Minister, Government of Karnataka de-notifying the suit land from acquisition.

  2. Facts and circumstances giving rise to these petitions are:

    1. That a preliminary notification under Section 4(1) of the Land Acquisition Act 1894 (hereinafter referred to as 'Act 1894') was issued in respect of huge chunk of land including Survey No.49/1 admeasuring 15 Acres on 6.8.1991 for the benefit of the State Government Houseless Harijan Employees Association (Regd.) (hereinafter referred to as 'Society'). In respect of the same land declaration under Section 6 of the Act 1894 was issued on 15.5.1992.

    2. At the behest of the then owners of the suit land the Government de-notified the land from acquisition vide order dated 5.8.1993 issuing notification under Section 48(1) of the Act 1894.

    3. Aggrieved the respondent no.3-Society challenged the said order of de-notifying the land from acquisition by filing Writ Petition which was dismissed by the learned Single Judge. The said order was also affirmed by the Division Bench dismissing the Writ Appeal preferred by the Society. The Society approached this court by filing special leave petitions which were entertained and finally heard Civil Appeal No. 5015/1999 etc. and this court vide judgment and order dated 11.12.2000 quashed the order dated 5.8.1993 de-notifying the suit land from acquisition.

    4. During the pendency of Civil Appeal No.5015 of 1999 etc. filed by the respondent-society, the present petitioners purchased the suit land in the years 1997-1998 and approached the Government of Karnataka to de-notify the said land from acquisition. As their application for release was not dealt with by the Government, they preferred Writ Petition Nos.19968-97 of 2002 etc. before the High Court for directions to the Government to release the land.

    5. The High Court vide judgment and order dated 19.2.2003 disposed of the said writ petition, directing the Government to decide their application in accordance with law expeditiously. In pursuance of the High Court order, the Government of Karnataka issued notice to all concerned parties and against all the parties the Hon'ble Revenue Minister passed an order dated 27.2.2004, directing to de-notify the land from acquisition.

    6. The order dated 27.2.2004 was not complied with as the Deputy Secretary to the Government of Karnataka raised certain objections and made an endorsement dated 21.9.2005 that the matter had attained finality after being decided by this Court and possession of the land had already been taken and handed over to the respondent-society on 6.9.2002, much prior to the...

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