VENKATASWAMAPPA Vs. SPECIAL DEPUTY COMMISSIONER REVENUE

JUDGEMENT

(1.) These appeals by special leave arise from the order of the Division Bench of the Karnataka High Court made on July 17, 1989 in Writ Appeals Nos. 877-896/89 dismissing the appeals in limine and confirming the judgment and order of the learned single Judge dated March 30, 1989 made in Writ Petition Nos. 5316-35/89.

(2.) The appellants have challenged the validity of the notification published under Section 4(1) of the Land Acquisition Act 1 of 1894, (for short, the "Act") acquiring 80 acres of land in favour of the second respondent - N.T.I. House Building Co-operative Society. Notification under Section 4(1) was published on February 23, 1989. Enquiry under Section 5-A was conducted. The appellant participated in the enquiry. Before the declaration could be taken up, the appellants filed the writ petition in March 1989 challenging the validity of the noticification. Before the learned single Judge, the appellants had taken five grounds of objections as enumerated in para 2 of the judgment of the learned single Judge. He dealt with each of the points separately and negatived the same. The Division Bench summarily dismissed the appeal. Thus, these appeals by special leave.

(3.) It is strenuously contended for the appellants that since some of the lands of the appellants were acquired, one on March 2, 1973 for defence purposes and second on July 28, 1988 for the HMI House Building Co-operative Society, the acquisition of the lands under this notification is mala fide and, therefore, is not valid in law. We find no force in the contention. Providing house sites for construction of houses for the members of the second respondent, Co-operative Society registered under State Co-operative Societies Act, is a public purpose is not in question and cannot be questioned in view of the enlarged definition of public purpose under Section 32 (c) (vi) of the Act as amended by Act No. 68 of 1984. Therefore, so long as providing house sites to the members of the Co-operative Society is a public purpose, the contention that on earlier occasion also some of the lands belonging to the appellants were acquired for such or some other public purpose, cannot be held to be mala fide.