T S NAGARAJ Vs. DEPUTY COMMISSIONER MYSORE

JUDGEMENT

(1.) Among others, the petitioner is the owner of land bearing Sy. number 152/1A of Tagdur village, Nanjangud Taluka, measuring 3 acres 28 guntas. As a progressive farmer, the petitioner has sunk an irrigation well in the land and has installed an irrigation pump set to draw water and cultivate the same.

(2.) In exercise of the powers conferred on him by Section 3(1) of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (Karnataka Act 18 of 1972) (hereinafter referred to as the Act), the Deputy Commissioner, Mysore District. Mysore (hereinafter referred to as the DC) issued preliminary notification No. Li VPC 30HLA 76 dated 11-3-1976 (Published in the Karnataka Gazette Extraordinary dated 22-4-1976) (Exhibit-C) proposing to acquire Sy. No. 152/lA owned by the petitioner and another land bearing Sy. No. 149/ owned by one Smt. Madamma for purposes of providing sites to houseless and siteless people of the village, which was objected to by the petitioner and Smt. Madamma on diverse grounds. Apparently accepting the objections of the petitioner and Smt. Madamma, the DC did not pursue that notification and did not issue any final notification under Section 3(4) of the Act. With this, the petitioner expected that his problems had ended. But, also that did not happen.

(3.) In Notification No. LAQ.SR-2c9l/7879 dated 6-12-1978 (Annexure-D) published in the Karnataka Gazette dated 21-12-1978, the DC again proposed to acquire an extent of 2 acres of land only in Sy. No. 152/IA owned by the petitioner for the very purpose earlier proposed and appointed the Assistant Commissioner, Nanjangud Sub-Division, Nanjangud (hereinafter referred as the AC) as the Inquiry Officer under the Act, which was again opposed by him on 2-1-1979 (Exhibit-F). In that view, the AC held an inquiry overruled the objections of the petitioner and recmended to the DC to sanction the acquisition proposed in the preliminary notification. On an examination of the said report of the AC and t e records, the DC accorded his sanction in his order No. LAQ HSL SR 291/78-79 dated 11-4-1979 under Section 3(3) of the Act and issued the necessary final notification under Section 3(4) of the Act on the same day published in the Karnataka Gazette dated 31-5-1979 (Exhibit-L). In this petition under Article 226 of the Constitution, the petitioner has challenged the preliminary and the final notifications issued by the DC.