HUNNIKERI BROS Vs. ASSTCOMMISSIONER DHARWAR DIVISION AND

JUDGEMENT

(1.) There seven writ petitions concern the validity of an acquisition proceeding in which a land situate in Marain Timmasagar, in Hbli, to the extent if a little more than four acres, was proposed to be acquised under a preliminary notification published under section 4 of the Land Acquistion Act in June 7, 1956, its supplemented by a final notification published on October 12, 1956, and amended by yet another notification published in June 30, 198. The award in those Acquistion proceedings was made on March 21, 1961. On March 22, 1961, the City Survey Officer issued a notice to the petitioners before us, calling upon them to deliver possession of the acquired land to the State Transport Department on April 25, 1961. In there application which were pretended to this Court on April 20, 1961. We are asked to restrain the City Survey Officer and Tahslider, hebli, from taking delivery of possession of the acquired property, and to quash the award made by the Collector, on March 21, 1961.

(2.) We shall first protend to consider the challenge made to the award. The ground in which the award is assailed is that although tpeters were all lessees of the acquired property, holding those bits of property under a lease in their favour by the Imtied Basel Mission Church, Mangalore and therefore, were persons known or believed to be interested in the acquired property, the Collector issued no notices to them property, Section 9(3) of the Land Acquistion Act.

(3.) It is admitted that no notices were issued to any of the petitioners under the provisions f that sub-section and in defence of that omission, what the Collector has stated in the affidavit which he has p[roduced before us is that they were nit known or believed to be interested in any portion of the acquired property since their names do not find a place in the Property Register.