ALLISA MODINSA MULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Section 4(1) of the Land Acquisition Act dated 12-3-1987 and the final notification under Section 6(1), dated 19-4-1988 by which, the lands of the petitioners to an extent of 2 acres, 16 guntas in R.S. No. 608 of Almel Village in Sindgi Taluk of Bijapur District were sought to be acquired for the purpose of providing playground for a school, which is being run by the 4th respondent-Education Society.

(2.) The petitioners attack the acquisition proceedings on various grounds: Learned Counsel for the petitioners submit that the Special Deputy Commissioner who issued the notification under Section 4(1) of the Act was not authorised to do so and that he was not competent to delegate the powers to the Assistant Commissioner for reqeiving objections. It was next contended that the purpose for which the acquisition is made is not a public purpose and that the Government has not followed the procedure required to be followed while acquiring for the purpose of the Company, though such an order was passed. The second submission is that the petitioner did not have notice as required under Section 4(1) as the notice was served on 22-4-1987 requiring the petitioners to file their objections and hence the proceedings are vitiated. The further submission of the learned Counsel is that the substance of the notification under Section 4(1) was not published as required by law.

(3.) The learned Additional Government Advocate submitted that the procedure as required by law was duly followed and the Deputy Commissioner was authorised to make the publication and that no prejudice is caused to the petitioners, as a fresh notice was issued on 11-7-1987 requiring the petitioners to file their objections by 21-7-1987 and that petitioners have not sought for any extension of time nor did the Land Acquisition Officer refused to grant such an extension of time.