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Brief Facts

3. The Trust claimed to be the owner of various lands in Srigandada Kaval village and Herohalli village, Yeshwanthpura Hobli, Bengaluru North Taluk.

4. Pursuant to a requisition made by respondent No.4 - Agricultural Produce Market Committee, Bengaluru (APMC) established under the provisions of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 (Act, 1966) for the purpose of establishing a Mega Market, a preliminary notification dated 02.09.1994 (gazetted on 03.09.1994) was issued under Section 4(1) of the Land Acquisition Act, 1894 (LA Act) notifying a total extent of 172 acres 22 guntas in Survey Nos.12/1, 12/ 2, 13, 14, 16, 17, 18, 19, 42 and 43 of Srigandada Kaval village, Yeshwanthpura Hobli, Bengaluru North Taluk (subject 'A' property). The preliminary notification was stated to have been published in the local Kannada newspaper on 17.09.1994 and affixed in the Village Chavadi on 11.10.1994. A final notification was issued on 10.10.1996 under Section 6 of the LA Act. The final notification was published in the English daily newspaper - Indian Express on 30.10.1996 and in Kannada daily newspaper - Samyuktha Karnataka on 31.10.1996 and in the Village Chavadi on 06.12.1996. The draft award was prepared on 12.08.1998 for a compensation of Rs.9,14,14,827/-.

35. The factum of the publication of the preliminary notification in the Village Chavadi on 11.10.1994 has been averred by the State in its statement of objections filed in the writ petition and a copy of the Village Chavadi was produced by the State in the writ proceedings vide memo dated 18.12.2024. No rejoinder is filed by the Petitioner in the writ petition disputing the publication made in the Village Chavadi. The final notification was published on 10.10.1996 after 730 days of the publication of the preliminary

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notification in the Village Chavadi. However, during the period 22.12.1994 to 22.12.1995 (i.e., for a period of 365 days) the acquisition proceedings were stayed in Writ Petition No.28988 of 1994. Hence, if the said period is excluded (730 days less 365 days) the time period within which the final notification has been issued is 365 days from the date of publication of the preliminary notification in the Village Chavadi.

36. Although publication in the Village Chavadi has been vehemently disputed by the learned counsel for the Trust, having regard to the fact that the same (i.e., publication of the preliminary notification in the Village Chavadi on 11.10.1994) has been averred by the State in its statement of objections filed in the writ petition, which aspect of the matter has not been denied by the Trust by filing a rejoinder to the statement of objections and having regard to the fact that the State has filed a copy of the Village Chavadi vide its memo dated 18.12.2024, the date of publication of the preliminary notification in the Village Chavadi will have to be construed for the purpose of reckoning the time period in issuing the final notification.