K NANJUNDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the owner of a certain piece of land situated in Kenkere Village in Gowribidanur Taluk, has filed this writ petition questioning the notification issued by the State Govt declaring that a portion of his land is acquired for public purpose, that is, for opening a feeder channel from the river Kumudawathi to Mudigere Tank.

(2.) The first contention urged in support of the petition is that the declaration made under S.6 of the Land Acquisition Act, is contrary to law, because the declaration is made beyond the period prescribed under S.6 of the said Act. The Notification under S.4 of the Land Acquisition Act was published in the Mysore Gazette on 22-4-1971. The declaration is made by the State Govt on 17-4-1974. The declaration, is however, published in the Mysore Gazette on 2-5-1974. It is contended on behalf of the petitioner that when the interval between the date of publication of the Notification under 3.4(1) and the date of publication of 'the declaration under S.6 of the Act, is more than three years, the declaration would be ineffective. I do not think that there is any substance in this contention. S.6 of the Act provides that no declaration shall be made after expiry of three years from the date of publication of Notification under S.4(1) in the Gazette. It does not say that the publication of declaration in the Gazette should be made within three years from the date of publication of Notification under S.4, (1) of the Act, The relevant date for purpose of determining the validity of land acquisition proceedings that should be taken into consideration is the date on which the Govt makes the declaration and not the date on which the declaration is published in the Gazette. In the circumstances of the case, it has to be held that S. 6 has not been contravened by the State Govt The next contention is that the declaration which was contrary to the recommendation said to have been made by the Land Acquisition Officer should be declared as invalid. As mentioned earlier, the acquisition of the land belonging to the petitioner, which according to him, measures in all 111/2 guntas was intended for the purpose of opening a feeder channel from a river to a tank. Along with the land belonging to, the petitioner, several ether bits of lands have been acquired for the purpose of this channel.

(3.) It is for the State Govt to decide whether the land is intended for the public purpose or not. In the absence of any allegations of mala fides t declaration made by the State Govt that the land is intended for public purpose cannot be questioned in Court. The fact that the Land Acquisition Officer had made recommendation that there was no necessity to acquire the land, would not be of any assistance to the petitioner as under S.6, the decision of the State Government is conclusive on that question.