In a writ petition, the petitioner challenged the final notification issued under the LARR Act, 2013, claiming it was beyond the statutory twelve-month period. The Court held that the government validly extended the time limit, rendering the final notification lawful.
Liberty reserved to challenge the final notification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 3402 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.3402 OF 2021 (LA-RES)
BETWEEN:
…PETITIONER
(BY SRI.K N NITHISH., ADVOCATE FOR SRI K V NARASIMHAN, ADVOCATE)
AND:
BANGALORE - 01.
Digitally signed by POORNIMA SHIVANNA
Location: HIGH COURT OF KARNATAKA
HASSAN - 573 201.
…RESPONDENTS
(BY SRI. NITHYANANDA K R ., AGA)
WP No. 3402 of 2021
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION ISSUED BY THE R-2 AND 3 DATED 21.03.2019 AND 15.04.2019 VIDE ANNEXURE-A, B AND C RESPECTIVELY AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"(A) Issue a writ of certiorari or any other order or direction quashing the prelimi nary notification issued by the 2nd and 3rd respondent dated 21/03/2019 vide Annexure-A, B and C respectively.
(AA) Issue a writ in the nature of certiorari or any other writ or direction, quashing the notification dated 8/7/2020 bearing No.KAM.E.87.LQH.2019 under Section 19(1) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement Act, 2013 at Annexure-G issued by 1st Respondent,
(B) Issue writ in the nature of mandamus seeking direction from this Hon'ble Court to consider the submitted representation by the petitioner to the respondents dated 25/05/2019 vide Annexure-F.
(C) Issue any other writ, order of direction as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case including an order as to costs".
survey No.120/1 and 121/1 of Hebbasale Village, Kasaba
WP No. 3402 of 2021
Hobli, Sakaleshpura Taluk. The said land has been acquired by respondent No.1 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short LARR Act, 2013). The grievance of the petitioner is that though preliminary notification was issued on 15.04.2019, the final notification came to be issued on 08.07.2020, which is beyond the period of time prescribed under Section 19(7) of LARR Act, 2013. He therefore submits that the final notification having been published beyond a period of twelve months, the same is impermissible and as such he seeks for quashing of notification.
WP No. 3402 of 2021
expiry of extended period, the contention of the petitioner is unsustainable and the petition is required to be dismissed.
" Where no declaration is made under sub-section (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded:
Provided that in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded:
Provided further that the appropriate Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same:
Provided also that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned".
19(7) of the LARR Act, 2013 is sacrosanct. The appropriate government has the power to extend the
WP No. 3402 of 2021
period. The only limitation to the State to exercise the power as per third proviso is that the extended period has to be notified and uploaded on the website. In the present case, appropriate Government has issued a Gazette Notification dated 16.03.2020 and extended the time prescribed under Section 19(7) of the LARR Act, 2003 to 20.09.2020. Thus, the same satisfies the requirement of both second and third proviso to Section 19(7) of the LARR Act, 2013.
Sd/JUDGE
nms
2 issues framed by the court
Whether the final notification of land acquisition issued after the initial twelve-month period was valid due to a statutory extension of time.
Whether the government satisfied the procedural requirements for extending the time limit under Section 19(7) of the LARR Act, 2013.
1 provisions across 1 enactments
Sri. Shivaappa
State of Karnataka Department of Revenue
Deputy Commissioner
The S L A Officer
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
