K RAJAGOPALA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ appeal is preferred against the order dated 19th January, 1993 passed in Writ Petition No. 2210 of 1993. The learned single Judge has rejected the writ petition and therefore, the petitioner in the writ petition has come up in appeal.

(2.) In the writ petition, the appellant sought for quashing the notification dated12-3-1976 published in official Gazette on 3rd May, 1976 bearing No. HSA 61/74-75 issued under sub-section (4) of the Section 3 of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (hereinafter referred to as 'the Act'). The appellant-petitioner claims to be the owner of the land bearing Sy. No. 116 of Nagalala village which was acquired undcf the Act, As a result of the publication of notification under sub-section (4) of Section 3 of the Act, the land in question has vested absolutely in the State Government free from all encumbrances as per the provisions of sub-section (5) of Section 3 of the Act.

(3.) It is contended on behalf of the appellant that notification dated 12-3-1976produced as Annexure-F in the writ petition, is vitiated because it had been issued without following the prescribed procedure under the Act and without affording an opportunity to the appellant. It is also further contended that even though the notification was issued as long back as in the month of May, 1976 as per Annexure-F under sub-section (4) of Section 3 of the Act, Award has not been passed even to this day and possession of the land has not been obtained. Therefore, the appellant has effected improvements in the land by raising loan from the Primary Land Development Bank.