RAJA BAHADDUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, petitioners are calling in question the preliminary notification dated 27.06.2007 published in the gazette on 05.07.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') and the final declaration dated 02.08.2008 published in the gazette on 05.08.2008 issued under Section 6(1) of the Act, acquiring the lands of the petitioners bearing Sy. Nos.318/1 and 319 totally measuring 29 acres 36 guntas situated at Mahalbagayat, Bijapur, for the benefit of respondent No.3­Bijapur Urban Development Authority (for short, 'BUDA').

(2.) THIS case has a checkered history, in as much as, on the previous two occasions, the lands in question were sought to be acquired but the acquisition proceedings were either quashed or stood lapsed on account of the proceedings not being finalized within the period of one year as statutorily fixed. The main grounds on which the present acquisition is challenged are, that the objections filed by the petitioners to the proposed acquisition have not been considered nor there was an opportunity of personal hearing given to the petitioner and that without considering the report of the Assistant Commissioner/Land Acquisition Officer who had expressed his opinion with regard to the financial implications on respondent No.3 ­ beneficiary of the acquisition proceedings and without satisfying as to whether respondent No.3 would be in a position to pay the compensation for the lands to be acquired, the notification under Section 6(1) of the Act has been issued. In other words, the specific contention urged by the learned Counsel for the petitioners is that there is violation of the procedural requirements contained under Section 5A of the Act and also the requirement of application of mind by the State Government to the report submitted by the Assistant Commissioner under Section 5A(2) of the Act.

(3.) BRIEFLY stated the facts involved in the present case are, in the year 1991 respondent No.3 formulated a scheme for providing house sites to persons belonging to economically weaker sections of the society. The scheme involved an extent of 191 acres of land. Respondent No.3 intended to form sites in these lands at an estimated cost of Rs.4,51,96,000.00. The scheme was approved by the Government vide order dated 24.07.1991. A preliminary notification was issued on 18.06.1992 acquiring totally 191 acres of land situated within the limits of Bijapur City Municipality. The notifications were challenged by the petitioners in W.P.No.14799-800/1993. The said writ petition came to be allowed quashing the final notification and reserving liberty to the petitioners to file objections to the preliminary notification with a direction to the authorities to afford an opportunity of hearing to the petitioners.