KANAKA GRUHA NIRMAN SAHAKARA SANGHA Vs. NARAYANAMMA

JUDGEMENT

(1.) C. A. Nos. 5699, 5705, 6420-21, 5706, 5708 of 1998 :

(2.) The Court also held that no writ appeal was filed by the land owners who had filed Writ Petition No. 8958/87 and they have acquiesced in the action of the State Government and were satisfied with the compensation. Hence, the judgment would not confer any right upon the said writ petitioners to reopen the case or re-agitate the matter by way of appeal or any other proceedings.

(3.) The Court allowed the writ appeals on the ground - (a) the initiation of action by the Special Deputy Commissioner under Section 4 of the Act for issuing notification is illegal as under the Land Acquisition Act, the appropriate Government is required to be satisfied that the land is needed for public purpose; (b) respondents have also not placed on record any document to show that prior approval in terms of Section 3 (f) (vi) was granted by the Government and Annexure R-1 cannot be deemed to be substitute of the powers required to be exercised under Section 3 (f)(vi) and sub-section (1) of Section 4 of the Act. Hence, these appeals.