STATE OF MYSORE Vs. D ACHIAH CHETTY

JUDGEMENT

(1.) These appeals by special leave are against a common judgment of the High Court of Mysore, March 3, 1961, allowing a batch of writ petitions. By the order now impugned, the High Court had quashed two notifications issued under Sections 4 and 6 of the Mysore Land Acquisition Act,1894 and published in the Mysore Gazette dated May 7, 1959 and October 15, 1959, respectively, and restrained the State Government from acquiring the land affected by the said notifications. The State now appeals.

(2.) The petitions were directed against the State of Mysore and the Special Land Acquisition Officer, City Improvement Trust Board, Bangalore. In some of the petitions there were other respondents either with or without the Special Land Acquisition Officer. Nothing, however, turns upon the array of the respondents.

(3.) In Mysore there are two Acts bearing on acquisition of private land for public purposes. The first is the Mysore land Acquisition Act which follows the same scheme as the Land Acquisition Act in force in India. The other is the City of Bangalore Improvement Act, 1945. The latter Act constitutes a Board of Trustees charged with the execution of the Act and in its Third Chapter lays down the duties and powers of the Board and the manner in which improvement schemes are to be effectuated. Sections 14 to 18 and Section 27 outline the procedure by which acquisition of land is to be made. Section 52 of the Act lays down that any provision of law contained in any other enactment in force in Mysore repugnant to any provision contained in the Improvement Act is to stand down to the extent of the repugnancy. The Mysore Land Acquisition Act has also Sections 4, 5A, and 6 analogous to the corresponding sections in the Central Land Acquisition Act in force in the whole of India.