Case: P. Parthasarathy Vs. State Of Karnataka

3. The petitioner herein is the owner of survey no. 154/10 measuring about 2 acres at Kengeri village, Kengeri Hobli, Bangalore South taluk. The land of the petitioner was the subject matter of the notification issued by the State of Karnataka. The notification was issued under Section 28(1) of the Act. The petitioner, however, did not file any objection whereupon a final notification under Section 28(4) of the Act was issued, which, however, was challenged before the learned Single Judge of the Karnataka High Court by filing a writ petition, which was registered and numbered as W.P. No. 24867 of 2005.4. The learned Single Judge by judgment and order dated 13.01.2009 allowed the said writ petition filed by the petitioner herein and quashed the final notification issued and also the consequential corrigendum. The learned Single Judge also gave a liberty to the respondents to identify the land which they propose to acquire. It was also held therein by the learned Single Judge that the petitioner as also the respondent no. 4 would take the proceeding before the High Court as the notice in the matter of identification of the land in question and file their objections within a period of four weeks. Subsequent thereto, a notice was issued to the petitioner by the Board on 6.2.2009. In the said notice, the Board informed the petitioner that the land described in the notice is required for the development of the Karnataka Industrial Development Board and that the Government of Karnataka had issued a notification under sub- section (1) of Section 28 of the Act by notification dated 19.12.1998. The petitioner was further informed that he may show cause as to why the land should not be acquired and that such a notice is being given to the petitioner pursuant to the order passed by the High Court in the aforesaid writ petition. A description of the land was also given in the said notice. The petitioner as against the same submitted a reply contending, inter alia, that the land of the petitioner could not and would not come within the aforesaid acquisition and, therefore, his name shown in the preliminary notification dated 19.12.1998 be deleted. He further stated in the said reply filed that the plan prepared for road including the peripherial road junction, approved by the competent authority clearly indicate that the land in question is not at all required or proposed to be acquired and that being the state of affairs, acquisition of any portion of the said land bearing survey no. 154 cannot be sustained either in facts or in law and the same is liable to be dropped from acquisition.5. After the receipt of the aforesaid objection filed by the petitioner, an enquiry was conducted by the Special Land Acquisition Officer. A report was also prepared, which is placed on record. It appears the petitioner was represented by his counsel in the said enquiry proceedings. The concerned officer considered the records and then ordered that notices be issued to all concerned persons including the petitioner notifying them that a survey would be conducted to measure the land and that the petitioner should be present in the aforesaid survey to be made to show their respective lands.6. It is also disclosed from the record that as per the date fixed i.e. on 18.4.2009, the concerned officers visited the spot and on that day, the concerned persons including the petitioner and others were present. In the said survey, the previous phoded numbers were cancelled and thereafter the mahazar was drawn in the presence of the parties and they were also given sketch copies with available records in terms of their requests. The officer, thereafter, heard the arguments and after referring to the order of the Karnataka High Court dated 13.01.2009 it was held that the land measuring 2.33 acres is required for the project. Thereafter the said Land Acquisition Officer passed an order that the land bearing survey no. 154/10 of Kengeri village, Kengeri Hobli, Bangalore South taluk is required for the proposed reasons of acquisition and that the same is suitable and required as per the joint measurement and schedule and, therefore, the said land measuring 2.33 acres was ordered to be acquired. Consequent thereupon a notification under Section 28(4) was issued whereby the land of the petitioner was acquired by putting the name of the petitioner in the schedule annexed to the said notification.7. The validity of the aforesaid notification was challenged by filing a writ petition in the Karnataka High Court. The learned Single Judge who heard the writ petition, after hearing the counsel appearing for the parties, dismissed the writ petition by his order dated 11.9.2009 holding that the order of the learned Single Judge in the earlier writ petition no. 24867/2005 directing the Land Acquisition Officer to provide opportunity to the petitioner and also to identify the land and thereafter to proceed with the matter having become final and binding and since subsequent to the said order, the land having been identified and his objections having been considered and the actual portion of the land required for formation of the road having been notified, there could be no further grievance of the petitioner. Consequently, the writ petition filed by the petitioner was dismissed.8. Being aggrieved by the said order, a writ appeal was filed before the High Court, which is the impugned judgment and order. By the said judgment, the Division Bench of the High Court dismissed the appeal holding that any defect in the preliminary notification would not prove fatal to the acquisition proceedings. It was also held that though survey number was not challenged, a fresh inquiry was held to identify the land whereupon the land was identified and thereafter order was passed followed by final declaration that the land of the petitioner is required for the project. Consequently, the appeal was also dismissed and the present petition was filed on which we have heard the learned counsel appearing for the parties.

Reasoning: In our considered opinion full opportunity having been given to the petitioner to place his case and to oppose the acquisition process, there could be no further grievance of the petitioner in that regard.16. We are also of the opinion that no prejudice is caused to the petitioner in any manner for the land was re-surveyed and thereafter the land sought to be acquired was identified, which included the land of the petitioner and, therefore, the entire pre- conditions and formalities as laid down under Section 28 of the Act were duly complied with and were adhered to and followed and, therefore, there cannot be any further cause of grievance for the petitioner.We feel that the law laid down in the said decision applies in full force to this case also. In the present case also there were some errors and mistakes in the notification issued under sub- section (1) of Section 28 of the Act but the same did not, in any manner, prevent the petitioner from submitting an effective objection and also from getting an opportunity of effective hearing for him. A re-survey was done in his presence and, therefore, the purpose for which the provision of sub-section (1), (2) and (3) have been enacted, have been fully carried out in the present case.19. We are, therefore, of the considered opinion that although there was some discrepancy in the description of the property proposed to be acquired and the description given although might not have been exactly accurate, but the same did not in any manner misled the petitioner regarding the identity of the land which is corroborated by the fact of the detailed enquiry which was conducted in his presence. The petitioner was also able to file a detailed and effective reply to the show cause notice issued to him.The aforesaid cases are clearly distinguishable on facts and, therefore, they have no application in the facts and circumstances of the present case.24. Considering the entire facts and circumstances of the case, we are of the considered opinion that the learned Single Judge as also the learned Division Bench of the Karnataka High Court did not commit any mistake or error in dismissing the writ petition.