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1980 DIGILAW 232 (KAR)

BASAPPA v. ASST. COMMR, MYSORE

1980-08-29

N.R.KUDOOR

body1980
N. R. KUDOOR, J. ( 1 ) BY consent of the learned counsel appearing on either side, the writ petitions are taken up for final hearing. ( 2 ) IN this combined writ petition, the two petitioners, who will be hereinafter referred to as the 1st. and the 2nd petitioners respectively, have challenged the acquisition) proceedings initiated by the respondents as per the preliminary Notification Annexure- a issued under sub-section (1) of S. 3 of the Karnataka Acquisition of land for Grant of House Sites Act, 1972 (for short the 'act') notifying a proposal to acquire 14 items of land of which serial number 1 belongs to the 1st petitioner and serial number 14 belongs to the 2nd petitioner. The preliminary Notification was followed by the issue of a final notification as required under sub-section, (4) of S. 3 of the Act as per Annexure-E. The petitioners have challenged the validity of the final Notification Annexure- e and sought for its being quashed. ( 3 ) THE records of the proceedings would show tkat the acquisition proceedings proceeded on the basis that the petitioners herein did not file any objections against the proposed acquisition of their lands even though they were served with the notice as required under sub-section (2) of S. 3. From the records I see a copy of the notice in Form-B dated 27-1-1979 issued from the office of the Block Development officer, Mysore, on the reverse of it a number of signatures of various persons including a few L, T. Ms. by way of acknowledgement of the receipt of the notice in question,. As regards the 1st petitioner Basappa, the notice appears to have been served upon his wife by obtaining her thumb impression. As regards the second petitioner, the notice appears to have been received by one Marappa who had acknowledged the receipt of the notice by affixing his L. T. M. It is not known who that Marappa is. Besides, the contents of the notice is in English. There is nothing to indicate in the copy of the notice that the, persons who had acknowledged the receipt of the notice were apprised of the contents of the notice. Besides, the contents of the notice is in English. There is nothing to indicate in the copy of the notice that the, persons who had acknowledged the receipt of the notice were apprised of the contents of the notice. ( 4 ) SUB-SECTION (2) of S. 3 of the act contemplates a personal notice upon the owner or where the owner is not the occupier, on the occupier of the land and on all such persons known or believed to be interested in the land proposed to be acquired as per the Preliminary Notification issued under sub-section (1) of S- 3 directing them to show cause within 30 days from the date of service of the notice why the land should not be acquired. What is meant by personal service of the notice under sub-section (2) is a service of notice in 'substance' and not in 'form' notifying or directing either the owner or the other persons interested in the land to register ithejr objections, if any, against the proposal for acquisition of the land. In the instant case, it appears to me that what the respondents have done by obtaining the signatures or L. T. Ms, of the persons by way of acknowledgement for the receipt of the notice under sub- sec. (2) of S. 3 was the service of notice not in 'substance' but only in 'form' just to eye-wash compliance of the provisions of the Act. It seems to me that the method adqpted by the respondents in serving the notice to the petitioners was not in accordance with law and as such the entire proceedings that led to the issue of the final Notification annexurre-E including the final Notification annexure-E are all null and void liable to be quashed. ( 5 ) IN the result, for the reasons stated above, the rule is issued and made absolute in both 'the petitions. The acquisition proceedings subsequent to the issue of the Preliminary Notification annexure-A including the Final notification Annexure-E are hereby quashed. It is open to the respondents to initiate fresh proceedings in accordance with law basing the same on the preliminary Notification Annexure-A if they deem fit to do so. In the circumstances of the case, I direct each party to bear his own costs. --- *** --- .