BALAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ASHOK Bhan, Ag. CJ aggrieved by the order of the Single Judge dismissing Writ petition Nos. 20039 and 20096/1996 thereby upholding the notifications issued under Section 4 (1) and 6 of the Land Acquisition act, 1894 (for short 'the Act'), present appeals have been filed challenging and seeking for setting aside the order passed by the single Judge and to allow the Writ Petitions thereby quashing the notifications issued under the Act.

(2.) APPELLANTS are the owners of lands bearing Sy. Nos. 398/id+2a and 398/1a measuring 6. 28 acres and 0. 12 acres respectively situated in Sakeswar village, District Belgaum. State of Karnataka issued a preliminary Notification under Section 4 of the Act seeking to acquire the lands in question along with certain other pieces of land for a public purpose of establishing a sugarcane Research station of Sankeshwar. The Preliminary Notification was published in the official gazette on 5. 10. 1972. This was followed by a final notification under Section 6 dated 28. 9. 1974.

(3.) APPELLANTS herein challenged the Notifications issued under the Act by filing Writ Petition No. 5521/1975. The learned Single judge, who had heard the Writ Petition, dismissed the same by his order dated 18. 11. 1975. Appellants preferred Writ Appeal No. 128/ 1976. The Division Bench allowed the appeal by an order dated 4. 11. 1980 and passed the following order: