STATE OF KARNATAKA AND ORS. versus D.C. NANJUDAIAH AND ORS.

STATE OF KARNATAKA AND ORS. versus D.C. NANJUDAIAH AND ORS.

If the enquiry under Section 5-A is vitiated and the notification under Section 4(1) is quashed by High Court, the limitation for conducting fresh enquiry and publishing declaration under Section 6 begins from the date of receipt of High Court's order and not from the original notification date.

Parties
Appellant: State of Karnataka and Ors.; Respondent: D.C. Nanjudaiah and Ors.
Jurisdiction
India
Judgment Date
26 August 1996
Procedural Posture
Civil Appeal / Appeal From Karnataka High Court Judgment in Writ Petition
Outcome
Appeals allowed; declaration under Section 6 quashed; appellant permitted to conduct fresh enquiry within four months and publish declaration within one month thereafter; no costs.
Legal Topics
Section 4(1) Notification, Section 5 a Enquiry, Section 6 Declaration, Limitation Period for Declaration
Land Acquisition Section 4(1) Notification Section 5 a Enquiry Section 6 Declaration Limitation Period for Declaration

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Parties

State of Karnataka and Ors.

Appellant

D.C. Nanjudaiah and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Karnataka High Court Judgment in Writ Petition

Legal Issues

  1. 1 Whether the enquiry under Section 5-A of the Land Acquisition Act, 1894 was properly conducted
  2. 2 When does the limitation for conducting enquiry under Section 5-A and publishing the declaration under Section 6 restart after High Court quashes the notification

Ratio Decidendi

If the enquiry under Section 5-A is vitiated and the notification under Section 4(1) is quashed by High Court, the limitation for conducting fresh enquiry and publishing declaration under Section 6 begins from the date of receipt of High Court's order and not from the original notification date.

Court Disposition

Appeals allowed; declaration under Section 6 quashed; appellant permitted to conduct fresh enquiry within four months and publish declaration within one month thereafter; no costs.

Orders

  • Declaration under Section 6 quashed.
  • Appellant permitted to conduct enquiry within four months from receipt of this order and publish declaration within one month thereafter.