ADVEPPA IRAPPA MORABAD Vs. STATE OF MYSORE

JUDGEMENT

(1.) The short question on which this writ petition can be disposed of relates to the effect of non-compliance with the requirements of section 5-A of the Land Acquisition Act (Act I of 1894) on the validity of the notification issued under Section 6 of the said Act.

(2.) The first petitioner is the owner of the property in dispute which bears survey No. 33 and measures 5 acres 4 guntas, situated in Kilabnur Village near Ramdurg. The State Government issued notification No. EDH 162 LPD 60, dated 15th April, 1960 under Section 4 of the Act, notifying that it had been proposed to acquire the aforesaid land as it was needed for a public purpose. The first petitioner filed his objections contending that he had divided two acres of the said land already into 12 plots and sold the same to petitioners 2 to 9 and 5 others for prices ranging from Rs. 800 to Rs. 1200. He therefore prayed that the acquisition should be dropped. After receipt of his objections, the petitioner says, that no enquiry was held under Section 5-A of the Act and that a final notification under Section 6 was issued on 10th November 1960, and published in the Mysore Gazette of January 5, 1961. Thereafter, the petitioner was called upon to file his claim regarding the market value of the land to be acquired and an Award was passed.

(3.) Mr. Reddy, appearing for the petitioners, not only attacked the acquisition on the aforesaid ground, but also contended that the acquisition for the Housing Society for Harijans was an acquisition for a company and in the absence of the proper procedure, the entire acquisition would be bad in law. Since we are quashing the notification under Section 6 and the subsequent proceedings on the short ground of non-compliance with Section 5-A, we have thought it unnecessary to go into the other questions as it would be open to the petitioner to urge the same when he will be given an opportunity by the Land Acquisition Officer under Section 5-A.