KUNNE GOWDA Vs. DY COMMR MYSORE

JUDGEMENT

(1.) The petitioner Kunnegowda is the owner of Sy. No. 213/5 measuring 38 guntas of dry land situate in Kalenahalli Hosakoppal village of K. R. Nagar Taluk in Mysore District. The said piece of land was proposed to be acquired under the Karnataka Acquisition of Lands for Grant of House sites Act, 1972 (for short''the Act") for the purpose of providing house sites to the weaker sections of the people who are houseless and a notification No. LAQ. HSL. SR. 905/78-79 dated 11 3-79 under sub-section (1) of Sec. 3 of the Act was published by the State Government in the official Gazette. The petitioner was served with a notice dated 8-8-1979 as per Annexure-C under Sec. 3(2) of the Act calling upon him to show cause within 30 days why the land proposed to be acquired under the preliminary notification referred to above should not be acquired. The petitioner filed his objections raising the grounds against the proposal for acquisition of his land as notified. The 2nd respondent Assistant Commissioner, Hunsur sub-division, after hearing the petitioner made a report to the Deputy Commissioner over-ruling the objections raised by the petitioner and recommending to acquire the proposed land. The Deputy Commissioner (1st respondent) accepting the report of the Assistant Commissioner ordered for the acquisition of the land for the purpose specified in the preliminary notification and directed issue of a final notification dated 25-1-1980 under sec. 3(4) of the Act which was published in the official Gazette on 27-3-1980 as per Annexure-D. Thereafter, the petitioner was served with a notice dated 15-4-1980 as per Annexure-E calling upon him to deliver possession of the land failing which the possession of the land would be taken under sub-sec. (7) of Sec. 3 of the Act. Being aggrieved by the various orders passed by the respondents, the petitioner has approached this Court through this writ petition under Arts 226 and 227 of the Constitution praying for an appropriate writ quashing the entire proceedings commencing with the issuance of the notice Annexure-C including Annexures-D and E and also a writ of mandamus to the respondents to forbear from taking any proceedings to acquire the land belonging to him which was the subject matter of the proceedings before the respondents.

(2.) Notice of the writ petition was served upon all the respondents and they are represented by Sri Sabarad, the learned High Court Government Pleader. The matter is listed under 'B' Group. Since the records of the proceedings are also available for reference, the matter is taken up for final hearing with the consent of the learned Advocates appearing on either side.

(3.) From the perusal of the records 0f the proceedings, it is obvious that the respondents have completely overthrown the guide lines enunciated by the Government in its order No. DPC 15 DRH 72 dated 13-5-1972 to be followed in the matter of acquisition of the lands for the purpose of the Act. Para-2 of the said Government order deals with selection of sites, the relevant portion of which reads as follows :