A THIPPAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are the owner of the certain extent of lands situated at Bellary. The said lands were proposed for acquisition in a preliminary notification dated 17-7-1989 issued under Section 4 (1) of the Land Acquisition Act (herein after called L. A. Act ). The said notification dated 22 -8-1990 issued under Section 6 (1) of the Act. These two notifications have been challenged by the petitioners in these writ petitions.

(2.) LEARNED counsel for petitioners contended that under the Karnataka Urban Development Authorities Act, 1987, (hereinafter called U. D. A. Act) the 4th respondent Bellary Urban Development Authority may initiate the proceedings for acquisition of the land for the purpose of implementing the developmental schemes framed by it; and when such being the case it is not appropriate for the State Government to initiate the proceedings under the provisions of the Land Acquisition Act for the purpose formation of sites by the Urban Development Board. In order to appreciate the above contention it is useful to refer to certain facts of the case. In the instant case, the State Government issued the notifications under the Land Acquisition Act for the purpose of distribution of the sites by the Bellary Urban Development Authority. This notification is called in question by the petitioners in these petitions on the ground that the Government has no power to acquire the land under the provisions of the L. A. Act, where there is a specific enactment called U. D. A. Act, under which the State Government may acquire the land for the purpose of implementing the developmental schemes. In order to consider the same it is necessary to refer to certain provisions of the LA. Act. Section 3 (f) defines the public purpose. Section 3 (f) (iii) reads as follows :-

(3.) SECTION 15 of the Karnataka Urban Development Authorities, Act, 1987 confers the powers on the authority to undertake works and incur expenditure for development, etc. Sub-section (1) of Section 15 provides that the authority may draw up detailed scheme for the development of the Urban area. Sub-section (2) provides that the authority may also from time to time take up any new or additional development schemes. Sub-section (3) of Section 15 reads as follows :-