R M S TELEPHONE EMPLOYEES HOUSE BUILDINGCO OPERATIVE SOCIETY LIMITED BANGALORE Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner in all writ petitioners is a Society registered by the Karnataka Co-operative Societies Act for whose benefit the land belonging to the respondent-landowners was proposed for acquisition under the notification dated 28-4-1983 followed by a final notification dated 28-2-1985 issued under Sections 4(1) and 6(1) of the Land Acquisition Act, hereinafter referred to as the 'Act'.

(2.) In respect of the said lands, the Land Acquisition Officer passed an award as required under Section 11 of the Act. Thereafter the Government issued three notifications under Section 48 of the Act withdrawing the acquisition in respect of land in Survey Nos. 54/2, 23 and 35 of the Byatarayanapur Village, Yelahanka Hobli, Bangalore North Taluk. These three notifications are challenged in these writ petitions by the Society for whose benefit the land was acquired.

(3.) Sri S.K.V. Chalapathy, learned Counsel appearing for the petitioners in these writ petitions contended that the Government before withdrawing the application under Section 48(1) of the Act ought to have heard the petitioners since the lands that were acquired is for the benefit of the petitioner's Society. Further the petitioner's Counsel contended that Section 48 of the Act is to meet only three contengencies namely,