NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.175 OF 2009 (Arising out of SLP(C)No.2173/2005)

HUCHAMMA (D) BY LRS. ....APPELLANTS

VERSUS

STATE OF KARNATAKA & ORS. ....RESPONDENTS

O R D E R

Leave granted.

This Appeal is directed against an order dated 15th of December, 2004 passed

by a Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal

No.2945 of 2004.

We have heard learned counsel for the parties and examined the impugned

order and the order passed in the writ petition and other materials on record.   

Having heard the learned counsel for the parties and after going through the

materials on record, we are not inclined to interfere with the impugned order of the

High Court as we find that the High Court has rightly dismissed  the writ appeal on

the ground of inordinate delay holding that the preliminary notification acquiring the

land in question including the lands of the appellants was issued on  

contd....2/-

::2::

15th July, 1982 and the final notification was issued on 16th August,  1985 and the

award was passed on 12th May, 1998 and possession of the land in question was taken

over on 30th June, 1998, and subsequent to that the writ petition was filed in the year

2000.  We are, therefore, of the view that the High Court was justified in dismissing

the writ appeal on the ground of inordinate delay in filing the appeal.

Accordingly, this appeal is dismissed, with no order as to costs.  Interim order

passed by this Court on 4.3.2005 stands vacated.

......................J. (TARUN CHATTERJEE)       

......................J. 1(V.S. SIRPURKAR)         

NEW DELHI, JANUARY 14, 2009