Karnataka High Court
RAJENDRABABU - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 10-03-91
W.P. : 15931 of 1988
( 1 ) SINCE the question of law involved in all these petitions is common, these petitions are clubbed together and disposed of by a common order.
( 2 ) THE petitioners in writ petition nos. 15931 and 15932 of 1988 are residents of bijapur town. They have challenged the notification bearing No. Rb/laq/sr/5/1987-88, dated 13-1-1988 published in Karnataka gazette, dated 25-2-1988 (Annexure-A) issued under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the act) by the deputy commissioner, bijapur district, proposing to acquire the lands notified therein totalling to 104 acres 29 guntas out of which the petitioners are the owners of the lands in survey nos. 105/3 measuring 5 acres 9 guntas and in s. No. 105/4 measuring 3 acres of bhutnal village of bijapur taluk for the purpose of 4th respondent/blde association which is an association running educational institutions to construct a medical college and hospital. The grounds of attack to the notification issued under Section 4 (1) of the act (Annexure-A) are as follows: 1. The lands of the petitioners proposed to be acquired for the construction of medical college and hospital of the 4th respondent/association are neither suitable nor there is any need to acquire the said lands; 2. The, acquisition is not for a public purpose as the 4th respondent/association is a society registered under the societies Registration Act and running the educational institutions, viz. , the medical college and hospital as a private one;
( 3 ) NO opportunity of being heard was given to the petitioners before submitting Section 5-a report;
( 4 ) THE proposal to acquire the lands of the petitioners is resultant of mala fides as the deputy commissioner made the proposal yielding to the influence of the management of the 4th respondent/association without noticing that the 4th respondent/association has already constructed medical college in survey No. 903 of mahalbagayat, bijapur taluk.
( 5 ) THERE is non-compliance with the requirements of Section 5-a of the act; and
( 6 ) IN the notification the boundaries of the lands of the petitioners which are proposed to be acquired are not given. 3. The petitioner in writ petition No. 3709 of 1989 has challenged the notification issued under Section 4 (1) of the act which is the one challenged in writ petition nos. 15931 and 15932 of 1988 by the petitioners therein and also the final notification issued under Section 6 (1) of the act in ke/166/laq 88, dated 9-6-1989 published in Karnataka gazette, dated 6-7-1987 declaring that altogether 19 acres 30 guntas situate in bhutnal village, bijapur taluk is required for the purpose of constructing medical college and hospital by and on behalf of blde association. It includes the land of the petitioner measuring 4 acres and 10 guntas in survey No. 106/1b/1 of bhutnal village, bijapur taluk. The grounds of attack to both the notifications, viz. , the notifications issued under Section 4 (1) and under Section 6 (1) of the act are the same as contended by the petitioners in writ petition nos. 15931 and 15932 of 1988 above. 4. The petitioner in writ petition No. 14872 of 1989 has challenged the notification issued under Section 4 (1) of the act in rb/laq/sr-3/1988-89, dated 18-4-1988 published in the Karnataka gazette, dated 5-8-1988 and the notification issued under Section 6 (1) of the act in rd 164 bswav/1988, dated 6-6-1989 published in Karnataka gazette, dated 22-6-1989 (annexures-a and b respectively) declaring that the land of the petitioner is required for the purpose of constructing medical college and its staff quarters of blde association/4th respondent. The total extent of land is 27 acres and 11 guntas. The grounds of attack to the notifications are the same as contended by the petitioners in writ petition nos. 15931 and 15932 of 1988. The additional grounds are: the respondents before making declaration under Section 6 (1) of the act failed to follow the procedure as c
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