SHANKARAPPA VEERABASAPPA BANNIHATTI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE petitioner has sought for declaration of acquisition proceedings initiated under Sub -section (1) of Section 3 of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (Karnataka Act No. 18/73 hereinafter called as the Act) vide Notification No.LAQ 11/RS/OR. 19/82 -83 dated 31 -1 -1983, gazetted on 17 -2 -1983 and notification issued under Sub -section (4) of Section 3 of the Act vide Notification No.LAQ 11 HSC 19/82 -83 dated 29th November 1983 as having lapsed by virtue of Section 11A of the Land Acquisition Act 1894 as amended by Act 68/1984 (Karnataka Act 17/1961) and also for quashing of intimation issued by the Tahsildar Hirekerur, vide LAQ HS Kunchur 93 -94 dated 18 -6 -1993.

(2.) THE short question that arises for consideration is whether the provisions of Section 11A of the Land Acquisition Act 1894 as amended by Act 68/1984 is applicable to proceedings initiated under the provisions of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (Act 18/1973).

(3.) ) After orders are passed under Sub -section (3), where the State Government is satisfied that any land should be acquired for the purpose specified in the notification issued under Sub -section (1) a declaration shall, by notification be made to the effect.