( 1 ) IN this petition under Art. 226 of the Constitution, the petitioner who is the owner of the lands bearing S. Nos. 71/5, 71/4 andnd 73/7 of Kaikere village, Virajpet Taluk, has challenged the validity of the notifications issued under S. 4 (1) and 6 of the Land Acquisition Act 1894 (Central Act 1 of 1894), as amended by Karnataka Act 17 of 1961 (hereinafter referred to as the Act' ).

( 2 ) BY the preliminary notification dated 6. 8. 1975, the lands bearing s. Nos. 71/1, 71/3,'73/1 and 73/6 belonging to the petitioner were proposed to be acquired for the purpose of opening a road from Gonikoppal virajpet main road deviating near Cauvery College and reading to vokkaligar gadde. The petitioner filed his objections, and after enquiring into the objections and after hearing the petitioner, the Asst. Commr. Mercara Sub-Dn. made a report under S. 5a of the, Act, Therefore the final notification dated nil, under S. 6 of the "act came to be published in the official Gazette containing S. Nos. 71/5, 71/4 and 73/1.

( 3 ) ONE of the contention urged by Sri Mohandas Hegde, the learned counsel for the petitioner is that the acquisition proceedings are vitiated because of the malafides alleg

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