ABDUL MAJEEDH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these writ petitions have been presented questioning the legality of the notification issued under sub-sec. (1) of S. 4 of the Land Acquisition Act and orders made under sub. sec, (4) of S.17 of the Act to the effect that the provisions of sub-sec. (4) of S. 17 of the Act shall not apply to the acquisition as also the notification issued by the State Government under sub-sec. (1) of S. 17 directing taking possession of the land by the Special Deputy Commissioner, Shimoga.

(2.) The facts of the case in brief are as follows : On 25th August, 1982 a notification under sub-sec. (1) of S. 4 of the Land Acquisition Act was issued proposing to acquire the lands belonging to these petitioners as specified in the notification. Paragraph 3 of the said notification issued by the Deputy Commissioner reads :

(3.) Learned counsel for the petitioners contended that the invoking of the provisions under sub-Sec. (4) of S. 17 end dispensing with the right to file objections under S. 5A of the Act was invalid as the notification in question does not state the urgency which required the Government to invoke its special powers under sub-Sec. (4) of S. 17 and to dispense with the normal procedure of providing opportunity to the land owner to file objections.