K H SRINIVASAN Vs. STATE OF MYSORE

JUDGEMENT

(1.) This appeal is by the unsuccessful plaintiff in O.S.No.13 of 1961 on the file of the District Judge, Mercara.

(2.) The relevant facts may be briefly summarised as follows: For the purpose of opening a foot path giving access to a High School and the expansion of the Market place at Chowdalu village within the limits of Somwarpet notified area, a notification dated 3-1-1956 under S.4(1) of the Land Acquisition Act was published proposing to acquire 3 acres 21 cents of land. After necessary statutory investigation a further notification under S.6 of the Act dated 17-5-1956 was published declaring that 2 acres and 19 cents of land described therein is required for a public purpose mentioned above. Out of the land so acquired 47 cents out of S.No.191/1 and 48 cents out of S.No. 193/4 belonged to the appellant Srinivasan. He did not file any objection during the acquisition proceedings.

(3.) The entire extent of 2 acres 19 cents however was not actually put to the use for which the land was declared to be necessary to be acquired. 24 cents were utilised for the foot path and 1 acre 30 cents for extending the market. It is in evidence that either due to lack of funds or on account of an injunction or order of stay obtained by another person pending a writ petition presented to this Court questioning the acquisition, no regular buildings to house the market have been put up. But in the area allotted for market or for running a shandy the vendors and merchants using the market area themselves put up their temporary sheds.