STATE OF MYSORE Vs. ABDUL RAZAK SAHIB

JUDGEMENT

(1.) This appeal arises from certain land acquisition proceedings. The Government of Mysore notified the lands belonging to the respondent for acquisition. The notification under S. 4 of the Land Acquisition Act, 1894, was published in the official gazette on August 17, 1961, but no notices as required by that section were published in the locality till November 1 and 9, 1961. The respondent filed his objections only on December 4, 1961. The question for consideration is whether the notification issued under Section 4 is a valid notification. The respondent challenged the validity of the notification before the High Court of Mysore by means of a writ petition under Article 226 of the Constitution. The High Court came to the conclusion that the impugned notification was invalid and consequently quashed the same. As against that decision this appeal has been brought after obtaining certificate under Art. 133 (1) (b) of the Constitution.

(2.) We shall now read S. 4 (1) of the Land Acquisition Act, 1894. It says:

(3.) Now, we may turn to S. 5A (1) of the Act which says: