Karnataka High Court
A.Thippaiah - Appellant
Versus
State of Karnataka - Respondent
Decided On : 02-03-97
W.P. : 18458 of 1990
Land Acquisition Act, 1894-Sections 3(f)(iii), 4 and 6, Karnataka Urban Development Authorities Act, 1987-Section 15-land acquisition-proposal for acquisition of land for the public purpose of implementing development scheme-permissible under the provisions of the Land Acquisition Act.
Land Acquisition Act, 1894-Section 6-It is mandatory for the Government to hear and dispose of the objections received from the interested persons in response to notification for acquisition of land- petitioners not heard, declaration issued quashed.
( 1 ) THE petitioners are the owner of the certain extent of lands situated at Bellary. The said lands were proposed for acquisition in a preliminary notification dated 17-7-1989 issued under Section 4 (1) of the Land Acquisition Act (herein after called L. A. Act ). The said notification dated 22 -8-1990 issued under Section 6 (1) of the Act. These two notifications have been challenged by the petitioners in these writ petitions.
( 2 ) LEARNED counsel for petitioners contended that under the Karnataka Urban Development Authorities Act, 1987, (hereinafter called U. D. A. Act) the 4th respondent Bellary Urban Development Authority may initiate the proceedings for acquisition of the land for the purpose of implementing the developmental schemes framed by it; and when such being the case it is not appropriate for the State Government to initiate the proceedings under the provisions of the Land Acquisition Act for the purpose formation of sites by the Urban Development Board. In order to appreciate the above contention it is useful to refer to certain facts of the case. In the instant case, the State Government issued the notifications under the Land Acquisition Act for the purpose of distribution of the sites by the Bellary Urban Development Authority. This notification is called in question by the petitioners in these petitions on the ground that the Government has no power to acquire the land under the provisions of the L. A. Act, where there is a specific enactment called U. D. A. Act, under which the State Government may acquire the land for the purpose of implementing the developmental schemes. In order to consider the same it is necessary to refer to certain provisions of the LA. Act. Section 3 (f) defines the public purpose. Section 3 (f) (iii) reads as follows :-"the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;"section 3 (f) (vii) reads as follows :-"the provision of land for any other scheme of development sponsored by Government or, with the prior approval of the appropriate Government, by a local authority;"the reading of the above said Sections it is clear, that any acquisition of the land for the above said purpose is a public purpose. In the instant case, the land was proposed for acquisition for the purpose of formation of sites with a view to implement the scheme sponsored by the Government through the Urban Development Authority. Therefore, it is a public purpose.
( 3 ) SECTION 15 of the Karnataka Urban Development Authorities, Act, 1987 confers the powers on the authority to undertake works and incur expenditure for development, etc. Sub-section (1) of Section 15 provides that the authority may draw up detailed scheme for the development of the Urban area. Sub-section (2) provides that the authority may also from time to time take up any new or additional development schemes. Sub-section (3) of Section 15 reads as follows :-"notwithstanding anything in this Act or in any other law for the time being in force, the Governemnt may, whenever it deems fit necessary require the Authority to take up any development scheme or work and execute it subject to such terms and conditions as may be specified by the Government. "the reading of the above section, it is clear that the authority may not only execute the scheme framed by it, but also undertake any of the schemes as required by the State Government. In the case on hand, the Government proposed for acquisition of land requiring the said land for the purpose of implementing the development scheme sponsored by the State Government through the 4th respondent which is a public purpose under the provisions of the L. A. Act. Therefore, it is permissible under the provisions of the L. A. Act to acquire the land for the purpose of get
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.