V K KANGAN Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is the second time, the petitioners are approaching this court for relief under Art. 226 of the Constitution.

(2.) The petitioners are the owners of agricultural lands which along with sevdral other lands were acquired for a public purpose viz., for Regional Engineering College, at the instance of the Education Department of the State. By a preliminary notification dated 5-1-1960 published in the Mysore Gazette dated 5th May, 1960, it was notified that in view of the urgency of the case the provisions of S.5A of the Land Acquisition Act (shortly "the Act") shall not apply to the case. The petitioners challenged the said notification in WP. No. 768 of 1960. When the matter came up for final disposal, a memo was produced on behalf of the State Government and thip court on the basis of the said memo dismissed that writ petition, by the following order:

(3.) Several contentions were raised in the petition. But in the course of the arguments Mr. K. R. D. Karanth, learned Counsel for the petitioners pressed only the following two points: (i) The entire acquisition proceedings were vitiated by the nonrompliance of the mandatory requirement of Rule 3 of the Madras Land Acquisition Rules (briefly called the Madras Rules') as in force in the Madras area of the State of Mysore at the time of S.5A enquiry: and (ii) That the entire acquisition proceedings commencing from Sec.4 notification were illegal, as the Government did not issue a modified preliminary notification as per their undertaking given to this Court in the previous writ petition.