- (1.) This appeal is directed against the judgement and order dated 6.01.1999 passed by the Division Bench of the High Court of Karnataka at Bangalore in WA No. 7267 of 1996 wherein and whereunder the Division Bench has upheld the judgement and order passed by the Single Judge of the same High Court in WP No. 11608 of 1987 quashing the notifications issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act") issued on 31.07.1986 and declaration issued u/s. 6 of the Act dated 2.04.1987.
(2.) Briefly stated, the facts giving rise to the present appeal are as under: The State of Karnataka issued a notification dated 31.07.1986 proposing to acquire 48 acres of land including the land in Survey No. 90/3 for the purpose of formation of sites for the benefit of the Indian Institute of Science Employees' House Building Cooperative Society Limited, Bangalore, the appellant herein u/s. 4 of the Act. In the said notification name of Thammanna is shown as the owner of the land in question, who had died in the year 1978. In the notification issued u/s. 6(1) of the Act, the survey number is mentioned as 91/3.
(3.) Respondent 2, namely, T. Muniraju son of Thammanna (deceased), filed a writ petition in the High Court seeking quashing of the notifications issued under Ss. 4 and 6 of the Act. The learned Single Judge, after appreciating the facts stated before him, came to the conclusion that there was non-compliance with Sec. 5A of the Act, inasmuch as no notice had been issued to Respondent 2. Notice had been issued to Thammanna only who had already died. In the notification issued u/s. 6 of the Act the land which belonged to Respondent 2 had not been mentioned. The contention raised by the counsel for the appellant that Survey No. 91/3 instead of 90/3 has been mentioned due to a typographical error or printing mistake, was not accepted by the learned Single Judge. The learned Single Judge accepted the writ petition and quashed the notifications issued under Ss. 4 and 6 of the Act insofar as it related to the land measuring 1 acre, 32 guntas in Survey No. 90/3 belonging to Respondent 2. The Division Bench in writ appeal has upheld the order passed by the learned Single Judge.;