VENKAMMA Vs. DEPUTY COMMR BANGALORE DIST

JUDGEMENT

(1.) Appeallant No. 1 is the mother and appellants Nos. 2 to 6 are her sons. They question the correctness of the order passed by the learned single Judge rejecting Writ Petition No. 2697/ 87, and also the legality of acquisition of their land admeasuring 2 acres and 19 guntas out of Survey No. 31 / 2A of Belligere Village in Bangalore South Taluk.

(2.) In order to provide house sites to homeless persons belonging to weaker sections of the Society the State Government decided to acquire the said land and Sy. No. 31 / 1B and in exercise of its power under Section 3(1) of the Karnataka Acquisition of Lands for Grant of House Sites Act, 1972, (hereinafter referred to as the Act), issued a Notification dated 15-6-1982 in that behalf. The notices dated 13-7-1982 calling upon the appellants to show cause why their land should not be acquired were served upon them on 19-6-1984. They filed objections on 18-7-1984. The final notification under Section 3(4) of the Act was issued on 5-2-1987. Earlier, on 16-12-1986, the Government had dropped from acquisition Sy. No. 31 / 1 B as it found that there was no necessity to acquire that land.

(3.) Before the learned single Judge, the acquisition was challenged on three grounds. It was contended that there was undue delay in serving the notices contemplated by Section 3(2) of the Act, as notices were served on the appellants almost after two years. The second ground of challenge was that the appellants were not given sufficient opportunity to put forward their objections. The third contention was that the Block Development Officer was not heard before taking the decision to issue the Final Notification. The learned single Judge did not find any substance in any of these contentions and therefore, summarily rejected the writ petition.