NANJUNDA SHASTRY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner was the owner of dry land measuring approximately 24 guntas comprised in S.No.157/1-A and S. No. 162/2 of Bangarpet village, Kasaba Hobli, Bangarpet Taluk, Kolar District. The said land came to be acquired by the Government as per its final notification under Sec. 6A of the Land Acquisition Act (hereinafter referred to as the Act). It is not in dispute that preceding this final notification that a preliminary notification under Sec. 4 of the Act was issued on 24th June, 1976. The petitioner has challenged the validity of these notifications in these proceedings, on a number of grounds to which I will refer hereinafter. Before doing so, it is necessary to set out some facts which are peculiar to this case

(2.) The petitioner has averred that he wanted to divert this land for non-agricultural purpose and in that connection approached respondent-4 who was at the relevant time President of the Town Municipal Council, Bangarpet. The said 4th respondent assured the petitioner that needful would be done and took the signature of the plaintiff on a blank paper. It is alleged that the petitioner was performing puja in the house of the 4th respondent and therefore the petitioner had full confidence in the 4th respondent.

(3.) It is further alleged that to the surprise of the petitioner on 18-9-1969 he found that somebody had started construction of a building on the land of the petitioner in the area which is now acquired. He later learnt that the construction was by the Public Works Department. He approached and complained to the Assistant Engineer about the unauthorised construction on his land. As nothing transpired by such complaint, he filed O. S. No. 293/ 1977 on the file of the Munsiff, Kolar Gold Fields, for grant of perpetual injunction against the Government and the Municipality. That suit in any event was withdrawn as Government being a party and the statutory notice required to be issued under Sec. 80 CPC. riot having been given to it. Thereafterwards, the suit OS. No.17/1970 on the file of the Munsiff, Kolar Gold Fields, praying for a mandatory injunction for demolition of the building constructed on his land by the Government was filed. The latter suit came to be decreed. The appeal arising out of that decision is said to be pending before the Court of the Civil Judge, Kolar.