NANJUNDAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are the owners of the land measuring 1 acre 6 guntas in Survey No. 565/4 of Malavalli Village, Mandya district. The Deputy Commissioner-2nd respondent issued a notification dated 9-3-1990 under Section 4 (1) of the Land acquisition Act (hereinafter referred to as the 'la Act')proposing to acquire the land for a public purpose i. e. , for construction of Primary School. This notification is under challenge in this writ petition.

(2.) SRI Mohandas N. Hegde, learned Counsel for the petitioners submitted that the notification issued by the D. C. , under Section 4 (1) of the LA Act, is without jurisdiction in view of Act 68 of 1984. It is in his submission that after coming into force of the Act 68 of 1984, only the appropriate Government is authorised to issue notification under Section 4 (1) of the LA Act. It is further submitted that the provisions of Act 17 of 1961 (State Act) are repugnant to the provisions of Act 68 of 1984 (Central Act) and therefore Act 17 of 1961 is impliedly repealed.

(3.) IN reply to the said submission, the learned Advocate general submitted that there is no repugnancy between the central Act and the State Act, in so far as it relates to the power of Deputy Commissioner to issue notification under Section 4 of the LA Act and therefore, the notification issued by the Deputy commissioner is valid. He further submitted that subsequent to act 68 of 1984 the State of Karnataka has brought a Legislation called Karnataka Act No. 33 of 1991, under which the Deputy commissioner is conferred with the power to issue notification under Section 4 (1) of the LA Act.