Karnataka High Court
H.G.KULKARNI - Appellant
Versus
ASST.COMMISSIONER, BELGAUM - Respondent
Decided On : 01-16-76
W.P. : 590 of 1973
Acquisition - Mysore (now Karnataka) Industrial Areas Development act, 1966 - S. 28 (1), S. 28 (2), S. 28 (4), S. 28 (6) - The court dismissed Writ Petition No. 590 of 1973 and allowed Writ Petitions No. 865 of 1973, 1913 of 1973, and 3392 of 1974. The court held that the notices issued under S. 28 (2) of the Act were not in compliance with the statutory requirements and were invalid. The court also found that the petitioners had not been afforded an opportunity of a personal hearing as mandated by S. 28 (3) of the Act, which was deemed mandatory. The court quashed all proceedings subsequent to the notifications under S. 28 (1) of the Act in the successful petitions.
Fact of the Case:
The petitioner, along with others, owned lands proposed to be acquired for industrial development under the Mysore (now Karnataka) Industrial Areas Development act, 1966. The petitioner was served with notices to submit objections to the proposed acquisition, but the notices were vague and devoid of particulars. The State Government issued a notification for acquisition, and possession of the lands was taken and delivered to a company. The petitioner approached the court to quash the notifications and notices.
Finding of the Court:
The court found that the notices issued under S. 28 (2) of the Act were invalid due to non-compliance with statutory requirements. The court also found that the petitioners had not been afforded an opportunity of a personal hearing as mandated by S. 28 (3) of the Act, which was deemed mandatory. The court quashed all proceedings subsequent to the notifications under S. 28 (1) of the Act in the successful petitions.
Issues: The issues included the validity of the notices issued under S. 28 (2) of the Act, the omission to mention the name of the village in the notification under S. 28 (4) of the Act, and the over-riding effect of the provisions of the Mysore (now Karnataka) Town and Country Planning Act, 1961 by S. 76-M.
Ratio Decidendi: The court held that the notices issued under S. 28 (2) of the Act were invalid due to non-compliance with statutory requirements. The court also found that the petitioners had not been afforded an opportunity of a personal hearing as mandated by S. 28 (3) of the Act, which was deemed mandatory. The court quashed all proceedings subsequent to the notifications under S. 28 (1) of the Act in the successful petitions.
Final Decision: Writ Petition No. 590 of 1973 was dismissed, and Writ Petitions No. 865 of 1973, 1913 of 1973, and 3392 of 1974 were allowed. The court quashed all proceedings subsequent to the notifications under S. 28 (1) of the Act in the successful petitions.
( 2 ) THE material facts in W. P. No. 590 of 1973, briefly are as follows: the petitioner, along with some others, is the owner of S. No. 115 situated in Yamanapur and some others in Kakti village. This petition under Art. 226 of the Constitution has been preferred on behalf of himself and as power of attorney holder of such other owners. The said lands along with some others were proposed to be acquired for development of industries under the Mysore (now Karnataka) Industrial Areas Development act, 1966 (hereafter referred to as 'the Act'), by the Government of Mysore (now Karnataka) pursuant to S. 28 (1) of the Act. The relevant notification so proposing to acquire is dated 19-8-1969 and is produced and marked as ext. C. Earlier to this there was another notification which however came to be quashed by this court at the instance of the petitioner in W P. No. 9 of 1968. This circumstance however is not of any materiality for our present purpose.
( 3 ) PURSUANT to the notification dated 19-8-1969, the petitioner was served with notices under sub-sec. (2) of S. 28 calling upon hare sutmit his objections, if any, to the proposed acquisition, 'ihe said notices have been produced and annexed as Ext. 'd' series to the petition. It is seen from the said notices that the date of their issue had been left blank and the names of the villages wherein the lands are situate had not been mentioned. But there is a clear reference therein to the notification under S. 28 (1) of the Act, in which all particulars necessary had been furnished. The petitioner did not prefer any objections as invited, but the reason for such an attitude has baen stated in the petition thus: "we did not file objections as we felt that no useful purpose would be served because they have stated that the objections were overruled without giving any reasons on the first occasion when we urged the objections and they have acted in such a care-tree manner without even signing and dating the notices. But I reliably learn that other persons, who are my neighbours, have filed their objections. "
( 4 ) AFTER the Assistant Commissioner, the competent authority empowered to act pursuant to the provisions of the Act, considered such objections as were filed in accordance with the provisions of the Act, and pursuant to the powers delegated in that behalf, the State Government issued a notification under S. 28 (4) of the Act on 21-11-1972. Thereupon, notices under S. 28 (6) of the Act were issued to the petitioner and others on 30-12-1972 (Ext. 'a' series), calling upon them to deliver and surrender possession of the lands concerned therewith to the Tahsildar. After possession of the lands was taken on 22-3-1973, the same was delivered over to the indian Aluminium Company on 22-3-1873. Aggrieved by these proceedings, the petitioner has approached this court praying for the issue cf appropriate writs or directions quashing the aforementioned notivications ana notices.
( 5 ) CN behalf of the petitioners, the following contentions were urged by Sri S. K. Venkataranga Iyengar, the learned counsel. Briefly stated they aie:-~ (1) The notices issued pursuant to S. 28 (2) of the Act were vague and devoid of paiticulars in that the date of issue of such notices and the te names of the villages had not been mentioned. Such notices were not in compliance with the statutory requirements and, therefore, invalid. Therefore, the fact that no objections had been preferred by the petitioner could
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