SAYYAD SAHEB JADA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these petitions, the petitioners have questioned the acquisition of their lands under the provisions of the Land Acquisition Act ('the Act' in short) for public purpose, to wit for Grain Market and Weekly Bazar at Belgaum Corporation.

(2.) Preliminary Notification dated 17th June 1978 proposing to acquire the lands belonging to the petitioners was issued by Government under Section4(1) of the Act. It was published in the Official Gazette on 6th July 1978. Thereafter final notification dated 2nd July 1981 was issued under Section 6 of the Act and the said Notification was published in the Official Gazette on 27th August 1981. Questioning the legality of the above Notifications, the petitioners have presented these writ petitions.

(3.) The contention of the petitioners is that they were all small Holders and therefore, there was no justification for acquisition of their lands which would result in depriving them of the opportunity of carrying on their business in the lands in question,