JAVARAYA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In exercise of the powers conferred by S. 4 of the Land Acquisition Act, 1894 (Central Act I of 1894) as amended by Karnataka Act 17 of 1961 (hereinafter referred to as the Act), Government of Karnataka issued preliminary notification No. RD 327 AQY 73 dt. 9-4-1973 (Exhibit-A) proposing to acquire an extent of 4 acres of land in S. Nos. 59 and 63 of Chandahalli village, B. G. Pura Hobli Malavalli Taluk, Mandya District, owned by the petitioner for purpose of village extension. In the said notification, Government appointed the Assistant Commissioner, Mandya Sub Division, Mandya (hereinafter referred to as the A- C.) to perform the functions of the Deputy Commissioner under the Act.

(2.) On service of notice of the said acquisition, the petitioner filed his detailed objections before the A. C. and urged for dropping the acquisition; proceedings on the various grounds urged in his objection statement. At the hearing afforded by the A. C., the petitioner reiterated his objections, and urged for dropping acquisition proceedings. But, the A. C., overruling the objections filed by the petitioner, recommended to the 11 Government to sanction the Acquisition proposed in the preliminary notification dt. 9-4-1973. On an examination of the report made by the A. C., Government has 1, issued final notification No. RD 102 AQY 74 dt. 21-6-1974 (Exhibit-C) under S. 6 of the Act declaring the acquisition of the land proposed in the preliminary notification.

(3.) Before the A. C. could take further steps in pursuance of the final notification and make an Award thereto, the petitioner filed a petition before Government under S. 15-A of the Act setting out various grounds which according to him justified the dropping of the acquisition proceedings. But, Government by its Endorsement No. RD 12 AQY 74 dt. 3-71976 (Exhibit-E) has rejected the same and the same reads thus: ENDORSEMENT Sub: Land Acquisition in S. Nos. 59 and 63 of Chandahalli village, Malavalli Taluk, for Village Extension. With reference to his revision petition dt. 20-8-74 under S. 15-A of the Land Acquisition Act, Sri Javaraya Gowda is hereby informed that his request for dropping land acquisition proceedings in S. Nos. 59 and 63 of Chandahalli village is rejected. Sd/- S. M. Ramahanumaniah, I/c Under Secretary to Government, Revenue Department." In this petition under Art. 226 of the Constitution, the petitioner has challenged the preliminary and final notifications issued by Government.