SUPREME COURT OF INDIA
K. RAMASWAMY AND B.L. HANSARIA, JJ.
State of Karnataka and others, Appellants
Versus
Narasimhamurthy and others, Respondents.
Criminal Appeal No. 358 of 1993,
D/- 7-3-1995.
Constitution of India, 1950 - Article 19 - Karnataka of Land - Section 3 - Provide facilities and opportunity to build house - Quash notification - Notification under Section of Land for Grant of House Sites Act was published in Gazette on February - When measurement of land was being taken second respondent appeared before authorities concerned and represented that first respondent his minor son had purchased property from its owner - Wife of - Subsequently he recommended to Government to issue final notification Section of Act - First respondent through his father challenged notification in Writ Petition - Single Judge and Division Bench of High Court quashed notification on ground that name of first respondent was not mentioned in notification as required by Section and that therefore notification is vitiated by an error apparent on face of record – Held, What Section envisages is that notification should specify Governments intention to acquire the land which is mandatory - Sub-section of Act postulates that on publication notification sub-section State Government shall serve notice upon the owner or where owner is not occupier upon the occupier of the land and all such persons known or believed to be interested therein to show cause within thirty days from the date of service of notice as to why the land should not be acquired - Therefore when the follow up action is being taken under sub-section of Section notice shall be served upon the owner or where the owner is not occupier on the occupier of the land and all persons known or believed to be interested therein to show cause as to why the acquisition should not be proceeded with for the public purpose - In other words the opportunity shall be given to owner who is known by the entries in mutation proceedings or occupier of land or person persons known or believed to be interested in the land - Admittedly was given notice and she did not appear - Mutation proceedings did not contain the name of the first respondent nor was it effected in record - Consequently notice could not be issued to the 1st respondent - Appeal allowed
JUDGMENT :- Leave granted.
2. By our order dated July 27, 1995 we had noted that the 1st respondent after becoming major was duly served and was not represented by any counsel nor did he appear in person. We adjourned the matter to enable the State to remove the defect of having discharged the second respondent-father from guardianship of the first respondent. To-day, we have passed an order discharging the second respondent as guardian of the first respondent.
3. The notification under Section 3(1) of the Karnataka Acquistion of Land for Grant of House Sites Act, 1972 (for short, the Act) was published in the Gazette on February 3, 1975. When measurement of the land was being taken, Venktappa, the second respondent, appeared before the authorities concerned and represented that the first respondent, his minor son had purchased the property from its owner, viz., Houlabi, wife of Khaja Sab. Subsequently, he recommended to the Government to issue final notification under Section 3(4) of the Act. The first respondent, through his father, challenged the notification in Writ Petition No. 12705 / 84. Learned single Judge and the Division Bench of the High Court quashed the notification on the ground that the name of the first respondent was not mentioned in the notification as required by Section 3(1) and that, therefore, the notification is vitiated by an error apparent on the face of record. Thus, this appeal by special leave against the Division Bench order dated Feburary 19, 1986 passed in Writ Appeal No. 332 of 1986.
4. The question is whether the omission to mention the name of the 1st respondent in the notification under Section 3(1) vitiates its validity. Section 3 of the Act reads as follows;
"3. Acquisiton of land. - (1) If at any time, in the opinion of the State Government any land is required for the purpose of providing house sites to the weaker scetions of people who are houseless, the State Government may, by notification, give notice of its intention to acquire such land.
(2) On the publication of a notification under sub-section (1), the State Government 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 Government may pass such orders as it deems fit.
(4) After orders are passed under sub-section (3), where the State Government is satisfied that any land should be acquired for the purpose specified in the notification issued under sub-section (1) a declaration shall, by notification, be made to that effect.
(5) On the publication in the Official Gazette of the declaration under sub-section (4), the land shall vest absolutely in the State Government free from all encumbrances.
(6) Where any land is vested in the State Government under sub-serction (5), the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice.
(7).If any person refuses or fails to comply with any order made under sub-section (6), the State Government or officer authorised by the State Government in this behalf may take possession of the land and may for that purpose use such force as may be necessary."
5. A reading of Section 3(1) clearly indicates that if any time State Government has the intention to acquire any land for the purpose of providing house sites to the weaker sections of the people who are houseless, the State Government may, by notification, give notice of its intention to acquire such land. The notice as contempla
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