SHARANAMMA Vs. STATE

JUDGEMENT

(1.) All these Writ Petitions can be dealt with under a common order. The facts are as under:The Writ Petitions are to quash the Notification dated 23-12-1983 issued under Section 13(1) of the Karnataka improvement Boards Act, 1976 (the Act for short), as well as the Preliminary Notification dated 24-11-1977 issued under Section 15(1) of the Act.

(2.) The City Improvement Board, Gulbarga (hereinafter called the Board), one of the respondents in these Writ Petitions, has been constituted under the provisions of the Act. The Board in its Meeting held on 25-5-1977 resolved to take residential development scheme on the filter bed comprising 159 acres and A guntas of land in various survey numbers. Accordingly, the development scheme was prepared and the same was forwarded to the Government for approval. The Government exercising its power under the Act approved the scheme. Thereafter, the Board issued the notification under Section 15(1) of the Act on 24-11-1977. This was published in the Karnataka Gazette dated 22-12-1977. The objections were filed opposing the proposed acquisition. They were overruled on 25-5-1978.

(3.) When the matter stood thus, a notification under Section 4(1) of the Land Acquisition Act, 1894 (the Act of 1894 for short) (Central Act No. 1 of 1894) came to be issued on 1-2-1983. It was published on 10-2-1983 in the Government Gazette. Objections were filed and before the matter could be proceeded with further, the notification under Section 4(1) of the Act of 1894 came to be withdrawn. After all this, the declaration under Section 18(3) of the Act was issued on 23-12-1983. The Board after overruling the objections of the petitioners and other owners and occupants of the lands forwarded the scheme to the Government by its letter dated 10-2-1982. On 13-8-1982 the Government sanctioned the scheme. The authorities of the Board inspected the land on 15-9-1983 and thereafter made a declaration as required under Section 18(1) of the Act declaring that the entire area comprising 159 acres 4 guntas was needed for the purpose viz., for the residential development scheme in the area sanctioned on filter bed, Gulbarga.