The Karnataka acquisition of lands for grant of house sites Act, 1972 is within the legislative competence of the state legislature, and its provisions are not violative of Articles 14 and 300-A of the Constitution.

( 1 ) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioners have sought for quashing the notification No. Laq. hs. Cr. 23/1980-81, dated 29-12-1980/26-3-1981 published in the Karnataka gazette on 9th april, 1981 issued under sub-section (1) of Section 3 of the Karnataka acquisition of lands for grant of house sites Act, 1972 (hereinafter referred to as the 'act')- prior to the publication of the notification under sub-section (4) of Section 3 of the Act, a notification bearing No. Laq. Hs. Cr. 35/1979-80, dated 27-12-1980 under sub-section (1) of Section 3 of the act was also published in the Karnataka gazette on 17-1-1980. Under the impugned notifications, 3 lands bearing survey Nos. 210/a, 169/1 and 169/2 of bhalki in bidar district are proposed to be acquired. The petitioners have also sought for a declaration that Section 3 of the Karnataka acquisition of lands for grant of house sites Act, 1972 is unconstitutional.

( 2 ) IT is relevant to note that prior to the filing of this writ petition, petitioner No. 3 had filed w. P. No. 11157/1984 challenging the award passed pursuant to the acquisition in question. That writ petition was dismissed on 17-8-1984. Thereafter, he filed w. A. No. 2271/1984 which was also dismissed on 5-12-1984. Afterwards, on 6-2-1985, the present writ petilion has been filed by the petitioners. Petitioners 1 and 2 are the brothers of petitioner No. 3. The award was passed in november, 1983.

( 3 ) IN the light of the contentions urged on both sides, the following points arise for consideration:1. Whether the notice under Rule 4 of the Karnataka acquisition of land for grant of house sites rules, 1973 was served on the petitioner?2. Whether the Karnataka acquisition of land for grant of house sites Act, 1972 is beyond the legislative power of the state legislature?3. Whether the Provisions contained in subsections (5) and (6) of Section 3 of the aforesaid act are violative of Articles 14 and 300-a of the constitution? Point No. 1

( 4 ) THE contention of the petitioners that nonotice was issued under Rule 4 of the Karnataka acquisition of land for grant of house sites rules, 1973. (hereinafter referred to as the 'rules') and as such they had no opportunity to file their objections, is without substance and it is contrary to the records. In the award produced as Annexure-C by the petitioners, it has been specifically stated thus:"the copies of 3 (1) notification published in the official gazette have been duly served on the landowners. The wide publicity in the locality was also given. The landowners were allowed to file their objections for the acquisition, if any. The statutory period of 30 days is given to the landowners. No one has filed the objections for acquisition within the time allowed. The assistant director of land records, bidar, have furnished the jmc. , Of lands on 15-3-1980. According to the jmc it is seen that there is absolutely no difference between the notified extent when compared with the area effected on the spot. As such the notified extent has been adopted and draft declaration under Section 3 (4) of the act has been submitted to the deputy commissioner, vide this office letter dated 22-3-1980. "from the aforesaid statement contained in the award which has become final, it is clear that the petitioners were" served with the notice under Rule 4 of the rules. They failed to file their objections. Therefore, the contention of the petitioners that they were not served with notice and they had no opportunity to file their objections and they were not heard in the matter is not well-founded. Accordingly, point No. 1 is answered in the affirmative. Point No. 2

( 5 ) IN paragraph 7 of the petition, the petitioners have pleaded thus:"there cannot be 2 separate acts for the acquisition of the properties for the public purposes. The Land Acquisition Act deals with all acquisition proceedings. There is no need for separate act for house sites. There