SOWCAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The order dated 29-12-1977 made under Section 20(1)(b) of the Urban Land (Ceiling and Regulation) Act, 1976 declining to exempt the land in question from the provisions of the Act is challenged in this Writ Petition.

(2.) The contention of Sri. R.U. Goulay, learned Counsel for the petitioners, is that having regard to the scheme and the object with which the Section is introduced, the State Government was bound to assign reasons for negativing the claim after hearing the petitioners. In support of bis contention, reliance is placed on a decision in Nandakishore v. State of M.P, AIR1982 MP 33 . The Division Bench, after referring to the scheme and the object sought to be achieved by this Section states thus :

(3.) in the instant case, the impugned order has been made by the Government without providing an opportunity to the petitioner. Moreover, no reasons are assigned for rejecting the claim for exemption. Hence, the impugned order marked as Annexure-B cannot be sustained in law and is liable to be quashed.