GANGA BIRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the oner of 1 acre and 20 guntas of land in Survey No. 150/1 of Ayyanahalli, Kasaghatta village, Doddaballapur Taluk. By notification d.27-3-1976 issued under sub-sec(1) of Sec.3 of the Karnataka Acquisition of Land tor Grant of House Sites Act 1972 (hereinafter referred to as 'the Act'), the Deputy Commissioner, Bangalore District, proposed to acquire the aforesaid land belonging to the petitioner for the purpose of granting house sites to the weaker sections of the people. The petitioner was notified about the proposed acquisition and was called upon to file his objections, if any, to the acquisition. The petitioner submitted his objections within the prescribed time. Thereafter the Assistant Commissioner, Doddaballapur Sub-Division to whom the power to enquire and report under sub-sec(3) of Sec.3 of the Act has been delegated, conducted the enquiry, heard the petitioner and the Block Development Officer, and submitted his report to the Deputy Commissioner. Thereafter, by Notification dt.7-6-1977 issued in exercise of power under sub-sec(4) of Sec.3 of the Act, the Deputy Commr, Bangalore Dist , issued the final Notification notifying the acquisition of the aforesaid land beloging to the petitioner. Aggrieved by the said Notification, the petitioner has presented this writ petition.

(2.) Sri C.J.B.Rao, learned Counsel for the petitioner, raised the following contention in support of the petition: The final Notification issued under sub-sec(4) of Sec.3 of the Act is invalid, as it not preceded by an order of the Deputy Commr under sub- sec (3) of Section 3 of the Act. 4. In order to appreciate the contention of the petitioner, it is necessary to set out the relevant provisions of the Act and the Rules framed under the Act. Section 3 of the Act reads thus: "3. Acquisition of land: (1) If at any time, in the opinion of the State Govt any land is required for the purpose of providing house sites to the weaker sections of people who are houseless, the State Govt may, by Notification, give notice of its intention to acquire such land. 2. On the publication of a Notification under sub-sec (1), the State Govt shall serve notice upon the owner or where the owner is not the occupier, on the occupier of the land and on all such persons known or believed to be interested therein to show cause, within thirty days from the date of service of the notice, why the land should not be acquired.

(3.) After considering the cause, if any, shown by the owner of the land and by any other person interested therein, and after giving such owner and person an opportunity of being heard, the State Govt may pass such orders as it deems fit.