SHANTAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) in this petition under articles 226 and 227 of the constitution, the petitioner who claims to be the owner of an extent of 1 acre 12 guntas comprised in s.no. 53/2 of telkuni village, aland taluk has sought for quashing the notification bearing No. Dev/laq/hs/412/1983-84, dated 25-2-1984, Annexure-A issued under sub-section (1) of Section 3 of the Karnataka acquisition of land for grant of house sites Act, 1972 (hereinafter referred to as 'the act'). He has also sought for quashing the notification bearing No. Laq/hs/34/1986-87, dated 19-5-1986 published in the official gazette of 22-5-1986 issued under sub-section (4) of Section 3 of the act.

(2.) the land in question in all measures 1 acre 24 gunlas. Out of that, petitioner claims to be the owner of 1 acre 12 guntas. The land is acquired for the purpose of grant of house sites to weaker sections of the people. The petitioner filed his objections on 25-6-1984.

(3.) it is contended on behalf of the petitioner that the objections filed by the petitioner were not enquired into; that the petitioner was not heard; that the land in question is the only land owned and possessed by the petitioner and if it is taken away he will be deprived of his livelihood and as such the acquisition of the land in question is opposed to the very Provisions of articles 19(1)(g), 21 and 39 of the constitution.