MADAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these two writ petitions, the petitioners have prayed for quashing the notification issued by the State Government under Section 6 of the Land Acquisition Act (for short .the 'Act') notifying the acquisition of 13 guntas of land in Survey No, 105/1 A, 1 Acre and 13 guntas of land in the same survey number and 36 guntas of land in Survey No. 105/5 for a public purpose namely the extension of the village of Chokanahalli.

(2.) The preliminary notification proposing to acquire the 3 items of land was issued on 17th April, 1980 and was published in the Official Gazette on 26th June, 1980. The last date for receiving the objection was 2nd August, 1980. Individual notice about the publication of the preliminary notification has been served on the owners and they were given opportunity to object to the acquisition before the Assistant Commissioner of Pandavapura sub-'division. Written objections were filed by the owners. They were also represented by an advocate. After hearing the objections raised by the owners, the Assistant Commissioner found no substance in the objection to the acquisition. Accordingly he Prepared his report and sent it to the Government. Thereafter the government approved the acquisition of the lands in question. Accordingly declaration under Section 6 of the Act was issued by notification dated 31st August, 1981 and was published in the official Gazette dated 5th November, 1981. Questioning the legality of the said acquisition, the petitioners presented these petitions. After issuing notice regarding issue of rule to the respondent, an interim order of stay was granted, staying further steps pursuant 10 the impugned notification. These petitions have now come up for preliminary hearing after service of notice to the respondents.

(3.) The learned Counsel for the petitioner urged the following two contentions :