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32. The preliminary notification dated 27.06.2007 issued under Section 4(1) of the Act came to be published in the newspaper on 03.07.2007 and was Gazetted on 05.07.2007. Final notification under Section 6(1) of the Act came to be issued on 02.08.2008 and was Gazetted on 05.08.2008. BUDA has contended that preliminary notification under Section 4(1) was published in the Gazette on 05.07.2007 and the public notice in the Notice Board of the village chavadi was published by affixture on 03.08.2007 and petitioners were served on Sunday i.e., 03.08.2007. It is also contended that Village Accountant by communication dated 30.05.2008 addressed to the State Government had reiterated about such dates in his report dated 03.08.2007 - Annexure-R2. On the said ground it is contended that preliminary notification dated 27.06.2007 issued under Section 4(1) published in Gazette on 05.07.2007 and final notification dated 02.08.2008 issued under Section 6(1) published in the Gazette on 05.08.2008 is within one year and not vitiated and consequently acquisition has not lapsed.

Sl. Particulars Date Gazetted Remarks No. on Preliminary notification There is no issued under Section dispute between 1 27.06.2007 05.07.2007 4(1) of the Land the parties on Acquisition Act, 1894 these dates Publication in local 2 newspaper 'Sathya 03.07.2007 -- No dispute Kama' - Annexure-N Publication in local 3 newspaper 'Karnataka 06.07.2007 -- No dispute Herald' - Annexure-P Public notice on the Seriously 4 village chavadi affixed 03.08.2007 -- disputed by the petitioners Report of the Village Not admitted by Accountant to the the petitioners 5 03.08.2007 --

38. For the limited purpose of examining the validity of notification issued under Section 6(1) namely, same being in conformity with the said provision or in other words, final notification not being contrary to Clause (ii) of proviso to sub-section (1) of Section 6 of the Act, the two dates which will have to be taken note of would be the last of dates of publication of the declaration issued under Section 4(1) and the date of final notification. There is a serious dispute with regard to the last of date of publication of the declaration issued under Section 4(1). On the one hand, beneficiary BUDA in its statement of objections filed before the learned Single Judge has asserted that the copy of declaration issued under Section 4(1) was affixed on the notice board of the village chavadi on 03.08.2007 and it was also served on land owners on said date and this is seriously disputed by the petitioners.

39. There is no dispute with regard to issuance of preliminary notification dated 27.06.2007 having been published on 05.07.2007 in the Gazette and in local newspapers on 03.07.2007 and 06.07.2007 respectively. The copy of notice relating to publication of the notification issued under Section 4(1) in the village chavadi has been produced by the petitioners at Annexure-Q. A perusal of same would clearly indicate that it is undated. The beneficiary of acquisition namely, BUDA in its statement of objections have contended that it was published in the village chavadi on 03.08.2007 by relying upon the communication dated 03.08.2007 - Annexure-R2. A bare perusal of said communication does not indicate or suggest of notice having been published in the village chavadi on 03.08.2007. It only indicates that same has been published in the village chavadi and it was also served on the writ petitioners. However, it does not indicate either the date of service of notice on petitioners or the date of publishing the notice in the village chavadi. The original records also do not disclose about the date of publication of notice in the village chavadi. The final notification dated 02.08.2008 issued under Section 6(1)