KRISHN AMURTHY Vs. STATE

JUDGEMENT

(1.) The petitioner who is one of the khatadars of Survey No.70-1 of Kethamaranahalli, Bangalore North Taluk, has made this petition for the issue of a writ quashing the preliminary Notification dated 14-10-1965 under S.4 of the Land Acquisition Act, for the acquisition of 30 guntas of land in Survey No.70-1. He also seeks the quashing of the final notification dated 28th July 1965 under S.6 of the Land Acquisition Act.

(2.) It is averred in the affidavit filed by the petitioner that in the preliminary notification, which is marked Ext.A it is announced that 30 guntas from S. No.70-1 and 5 guntas out of S No.70-2 was likely to be needed for a public purpose.

(3.) We are not concerned in this case with S. No.70-2 as the petitioner is interested only in S. No.70-1. The petitioner submits that the said notification is vague, as it does not set out the area that is to be acquired from out of 3 acres and 25 guntas which belongs to him, according the notification. It is seen from the notification Ext.A, that there are two Khatadars in Survey No.70-1. The Khatadar other than the petitioner, according to the notification owns 7 acres 15 guntas. It is no doubt true that no specific area to be acquired in the particular plot which each of the Khatadar owns is mentioned in Ext. A It is further stated in the affidavit that the petitioner filed his objections before the Special Land Acquisition Officer on 26-11-1965, true copy of which is marked as Ext.E. He has also given a statement before the Land Acquisition Officer on 11-2-1966, which is produced as Anneyure-I, along with the counter-affidavit.