Karnataka High Court
B R Zakir Ahmed Khan vs State Of Karnataka on 15 February, 2013
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
W.P.7327-28/12
& 7911-12/12
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 15th DAY OF FEBRUARY, 2013
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION NOS. 7327-7328 OF 2012
& 7911 - 7912 OF 2012 (LA-RES)
BETWEEN:
1 B R ZAKIR AHMED KHAN
AGE 40 YEARS
2 B R SABIR AHMED KHAN
AGE 38 YEARS
3 B R SHAKIR AHMED KHAN
AGE 34 YEARS
4 B R YASHIR AHMED KHAN
AGE 28 YEARS.
ALL ARE SONS OF
B RAHAMATHULLA KHAN &
RESIDING AT No. 70
STEPHEN'S ROAD
FRAZER TOWN
BANGALORE - 560 005.
... PETITIONERS
(BY SRI. C M NAGABHUSHANA, ADVOCATE)
AND :
1 STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIKASA SOUDHA
DR. AMBEDKAR ROAD
2
W.P.7327-28/12
& 7911-12/12
BANGALORE - 560 001.
REP.BY ITS SECRETARY.
2 THE SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
K G ROAD, BANGALORE - 560 009.
3 THE SPECIAL LAND ACQUISITION OFFICER
V V TOWER
DR. AMBEDKAR ROAD
BANGALORE - 560 001.
... RESPONDENTS
(BY SRI. H T NARENDRA PRASAD, GOVERNMENT ADVOCATE)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
PRL.NOTIFICATION DATED 09.06.2011 AND GAZETTED ON
09.06.2011 AT ANN-A ISSUED BY THE 2ND RESPONDENT UNDER
SECTION 4(1) OF THE LAND ACQUISITION ACT AND ALSO THE
FINAL NOTIFICATION DATED 30.01.2011, PUBLISHED IN THE
KARNATAKA GAZETTE 05.01.2012 AT ANN-G, ISSUED BY THE
1ST RESPONDENT UNDER SECTION 6(1) OF THE LAND
ACQUISITION ACT IN SO FAR AS TO THE PETITIONERS
PROPERTY BEARING NOS. 66/07 AND 66/8 CTS 27/10, H
SIDDAIAH ROAD, BANGALORE IS CONCERNED; AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR
PRL.HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Having heard the learned counsel for the parties, the lis brought before this court lies in a narrow compass i.e. whether the petitioners- land losers were extended an opportunity of hearing, in person, or by 3 W.P.7327-28/12 & 7911-12/12 any person authorized by them in that behalf or by a pleader in the proceeding under Section 5-A of the Land Acquisition Act, 1894, for short 'Act', before the 3rd respondent-Spl.Land Acquisition Officer, in the matter of acquisition of immovable properties bearing Nos.66/7, 66/8, CTS No.27/10, H.Siddaiah Road, Ward No.44, Sudhama Nagar, Bangalore measuring 19,500 sq.ft ?
2. A bare perusal of the proceeding Annexure-F under Section 5-A of the Act recorded by the 3rd respondent discloses that on 29.7.2011, the date fixed for personal hearing, was adjourned to 5.8.2011 on which date none of the objectors were present and was postponed to 11.8.2011, on which date too none of the objectors being present, the proceeding was further postponed to 24.8.2011, following which the recommendation was made rejecting the objections of the petitioners. In short, petitioners were not extended 4 W.P.7327-28/12 & 7911-12/12 an opportunity of being heard, in person, or by any person authorized by them in that behalf or by a pleader and therefore, proceeding under Section 5-A culminating in the recommendation dt. 25.8.2011 Annexure-F is vitiated. Sequentially, the final notification dt. 30.11.2011 Annexure-G in respect of the petitioners would have no legs to stand.
3. Although petitioners have called in question the preliminary notification Annexure-A nevertheless in the light of the finding that the 5-A proceedings stands vitiated, reserving liberty to the petitioners to file additional objections, if any to the acquisition proceeding and directing the petitioners to be present before the Spl. Land Acquisition Officer -3rd respondent on 4.3.2013 at 3.30 p.m. either in person or through pleader or any person authorized in that behalf, whence the 3rd respondent is directed to extend an opportunity of personal hearing and receive the additional objections 5 W.P.7327-28/12 & 7911-12/12 of the petitioners, if any, these petitions are accordingly disposed of. It is needless to state that petitioners are reserved liberty to question 4(1) notification in the event they are aggrieved pursuant to the issue of final notification.
Petitions are accordingly disposed of.
Sd/-
JUDGE ln