BHOJA GOWDA ALIAS SHIVANANJAGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these two writ petitions, the petitioners have questioned the legality of the acquisition of two items of land of Kikkeri village, Krishnarajapet Taluk, Mandya District.

(2.) The facts of the case, in brief, are as follow: A notification under section 4 of the Land Acquisition Act (for short 'the Act') was issued on 27th February 1981, proposing to acquire 1 acre of land in S.No. 8/1A belonging to the mother of the 2nd petitioner and 1 acre 34 guntas of land in S.No. 10/1 belonging to the 1st petition, both of Kikkeri village, Krishnarajapet Taluk, Mandya District. After holding proceedings in accordance with Section 5A of the Act, a final notification was issued in September 1982 under Section 6 of the Act. Questioning the legality of the notification the petitioners have presented these writ petitions.

(3.) Learned Counsel for the petitioners urged the following contentions : (i) No individual notice had been issued to the first petitioner as required under Section 4 of the Act and therefore the acquisition proceedings were illegal; (ii) No communication for having submitted the report of enquiry under Section 5A of the Act had been issued to the petitioners and therefore the final notification was invalid,