RAJENDRABABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) since the question of law involved in all these petitions is common, these petitions are clubbed together and disposed of by a common order.

(2.) the petitioners in writ petition nos. 15931 and 15932 of 1988 are residents of bijapur town. They have challenged the notification bearing No. Rb/laq/sr/5/1987-88, dated 13-1-1988 published in Karnataka gazette, dated 25-2-1988 (Annexure-A) issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the act) by the deputy commissioner, bijapur district, proposing to acquire the lands notified therein totalling to 104 acres 29 guntas out of which the petitioners are the owners of the lands in survey nos. 105/3 measuring 5 acres 9 guntas and in s. No. 105/4 measuring 3 acres of bhutnal village of bijapur taluk for the purpose of 4th respondent/blde association which is an association running educational institutions to construct a medical college and hospital. The grounds of attack to the notification issued under Section 4(1) of the act (Annexure-A) are as follows: 1. The lands of the petitioners proposed to be acquired for the construction of medical college and hospital of the 4th respondent/association are neither suitable nor there is any need to acquire the said lands; 2. The, acquisition is not for a public purpose as the 4th respondent/association is a society registered under the societies Registration Act and running the educational institutions, viz., the medical college and hospital as a private one;

(3.) no opportunity of being heard was given to the petitioners before submitting Section 5-a report;