The Chief Justice.-

The two petitioners in this petition are the joint pattadars of S. No. 406 in the village of Kamalapuram, Hospet taluk, Bellary district. The said plot of land and other plots covered by S. No. 405, etc., belonging to the petitioners are being irrigated by water taken from sluice No. 68 in the Government Roya Channel through a main distributory channel which runs over some of the lands belonging to the petitioners as well as on poramboke lands. The third respondent is the pattadar of S. No. 404 lying to the north of S. No. 406. Though it is registered as dry, it can be cultivated with wet crops if there is adequate water supply. After obtaining reports from the Revenue Officers the Collector sanctioned a proposal for the acquisition of a portion of S. No. 406 belonging to the petitioners for excavating a field distributory channel to irrigate S. No. 404 belonging to the third respondent, provided the cost of the acquisition was met by the third respondent. Accordingly a notification under section 4(1) of the Land Acquisition Act was published in the Fort St. George Gazette of the 31st January, 1951, wherein it was stated that an extent of 6 cents in S. No. 406 wa

Click Here to Read the rest of this document