PATEL MADEGOWDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner Patel Madegowda, the owner of land bearing Survey No.127 of Mandya Bommanaikanahalli in Malur Hobli, Channapatna Taluk, impugnes the compulsory acquisition of the said land under the Land Acquisition Act as amended in Mysore on two main grounds:

(2.) The preliminary notification under S. 4 was prepared and published by the Deputy Commissioner of Bangalore Rural District. The said notification dated the 19th of May 1965 appeared in the Mysore Gazette of 15th of July 1965. The third paragraph of the notification contains the authorisatiion in the following terms:

(3.) Although S.4 as amended in Mysore permits both the appropriate Government as well as the Deputy Commissioner to issue a notification thereunder, the power to confer upon an officer other than the Deputy Commissioner, the right to function as Deputy Commissioner under the Act, is found in the defintion of the expression "Deputy Commissioner" in clause (c) of S. 3, which reads: