BASANAGOUDA TAKANAGOUDA PATIL Vs. STATE OF MYSORE

JUDGEMENT

(1.) This batch of four petitions have been brought up before us on a reference by a learned single Judge. They can be disposed of by a common order as the questions of fact and law raised are common.

(2.) Briefly stated, the material facts are as follows: For the Purpose of extension of a village by name Nirenarti, certain lands were Proposed for acquisition by a notification dated 31-1-1969 under Section 4 of the Land Acquisition Act. After following the procedure prescribed by the Act, a further notification under Section 6 was also issued. Both these notifications were duly gazetted. Thereafter, an award had also been passed even before the petitioners approached this Court under Article 226 of the Constitution.

(3.) As a result of the notification under Section 6 of the Act, fragments of lands ranging in extent between 1 and 8 guntas had been created, as the said extents were left out of acquisition. It is further apparent from the annexures to the petition that this acquisition was undertaken at the instance of certain villagers who had moved the Panchayat concerned which, in its turn, had moved the authority competent to acquire those lands under the Act. It was also alleged that the villagers had contributed a portion of the funds for that purpose. On 22-12-1969 after the issuance of the notification under Section 6 of the Act, the Panchayat concerned executed an agreement in favour of the Government, undertaking to bear the cost of such acquisition.