- (1.) Leave granted.
(2.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 (1 of 1894 (for short "the Act") acquiring total extent of 114 acres of land in Narayanpura Village in Bangalore District, Karnataka was published for public purpose, viz. Defence Research and Development Organisation, government of India. The government, exercising the power under Section 17 (4, dispensed with the enquiry under Section 5-A of the Act and the notification under Section 4 (1 was accordingly published on 22/1/1987. Thereafter, the declaration under Section 6 was published on 24/6/1987.
(3.) The appellants had challenged the exercise of emergency power under Section 17 (4 by filing WP No. 13316-20 of 1987 and batch in the High court of Karnataka and the learned Single Judge quashed the order of the government dispensing with the enquiry under Section 5-A and directed as under: "In the result these petitions are partly allowed and the declaration dated 24/6/1987 published in the Gazette dated 6-8-1987 made under Section 6 (2 of the Act read with Section 17 (1 of the Act as also that portion of the Preliminary Notification under Section 4 (1 of the Act dispensing with the enquiry under Section 5-A of the Act insofar as the petitioners' lands are concerned and also the notice under Section 9 (1 of the Act dated 12/8/1987 are quashed reserving liberty for the authorities to continue the acquisition proceedings from the Stage of preliminary notification. The petitioners shall file their objections against the preliminary notification within 30 days from the date of receipt of this order and they shall file their objections against the preliminary notification within 30 days from the date of receipt of this older and they shall present themselves before the Land Acquisition Officer 3rd respondent on 15/7/1988 without awaiting any fresh notices from the said officer. The Land Acquisition Officer shall hold the enquiry under Section 5-A of the Act expeditiously and complete the proceedings in accordance with law. ";