S V BANNIHATTI Vs. DEPUTY COMMR DHARWAD DISTT

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/HS/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 29/11/1983 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.) An extent of 2 acres and 25 guntas comprised in Sy.No. 83/ 2, situate in Kunchur village, Hirekerur taluk, Dharwad District, was acquired in exercise of powers conferred under the Karnataka Acquisition of Lands for Grants of House Sites Act, 1972 for purposes of granting house sites to weaker section of the people who are houseless. Section 3 of the Act reads:-