D HANUMANTH SA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By filing the present appeals the appellants have challenged the validity of the notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") and also the notification issued under Section 6 of the Act whereby the respondents sought to acquire land admeasuring 3 acres 34 guntas situated in Kengeri Village and Hobli, Bangalore, Karnataka.

(2.) Initially appellants filed writ petitions registered as Writ Petition Nos. 20083-20085 of 1993 before the Karnataka High Court challenging the validity of the notification issued under Section 4 invoking the emergency clause. The High Court of Karnataka, while issuing notice, granted stay. Subsequently, an order dated 30.08.1993 was passed in the writ petition regarding the statement/submission on behalf of the State Government that they would not proceed with the acquisition proceeding of invoking the emergency provision under the Act. Consequent to the same, the appellants herein were given opportunity to file objections.

(3.) The appellants thereafter filed detailed objections contending inter alia that the vast extent of land that is already possessed by the Karnataka State Road Transport Corporation (for short KSRTC) and some of the State-owned land is still laying vacant and, therefore, the purpose of acquiring the land of the appellants for formation of link road is unjustified and that the same cannot be said to be required for formation of link road. The appellants also contended that despite the aforesaid objection filed and a report submitted by the Land Acquisition Officer in favour of the claimants, the State Government issued a final notification under Section 6(1) of the Act by holding that the land belonging to the appellants are required for the purpose of workshop and providing residential quarters to its employees.