KARIYAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) In this Petition under Article 226 of the Constitution, the Petitioner has challenged the validity of the notifications issued under Section 3(1) and Section 3(3) of the Karnataka Acquisition of Lands for Grant of House Sites Act, 1972 (hereinafter referred to as 'the Act') acquiring the land in question bearing No. 192/lA situated at Innorugollahalli Village, Kanakapura Taluk, Bangalore, belonging to the Petitioner.

(2.) Sri. Rangaraj, the learned Counsel for the Petitioner, urged the following contentions for consideration :

(3.) It has been held by this Court in more than one case that the Deputy Commissioner, while passing an order under Section 3(3) of the Act, is required to consider each and every objection raised by the persons interested in the land proposed for acquisition and he must give reasons for overruling the same. The learned Government Advocate has made available the records of the case and from the records, it is found that the order passed under Section 3(3) of the Act, is not a valid order inasmuch as it is passed without considering the objections raised by the Petitioner. Therefore, on this ground, the notification issued under Section 3(4) of the Act, which is issued pursuant to the order passed under Section 3(3) of the Act, cannot at all be sustained.