N NARASIMHAIAH Vs. STATE OF KARNATAKA:UNION OF INDIA

JUDGEMENT

(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: