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IN THE HIGH COURT OF KARNATAKA, BANGALé5_'mf;--VVA'
DATED THIS THE 3TH DAY OF DECEMBER, *
BEFORE...
THE HON'BLE MR. JUSTICE mgr
WRIT PETITION aw.-?§:~:3593t 2ooéV:%'(LA)'«--V
BETWEEN:
1
SR1LAKSHNI1NARAYANA{_ AA
45 YRS, S/0 OBALANARASAP.PA,_'
R/O GUNDAHANUMA'NTHfi.RAY'AN'A.'PALYA
G H PALYa.,'---sw;aNDH,ENAHA;a:,r Posr
'SR1, N;é1§;2.s,1.xg2:3v1AM_i)§2fr-H3"
4:; YRS, S/0':QBALéFiNE:RASAPPA
R] o GUNBAHABEUMANTHARAYANA PALYA
G H PALYA, '3W'AN'D'HENAHALLi POST
;' '?UMKUR., '
. §§i 1§m.QAPPz§m
_ c3.,1"msV, Ts/0 CHIKKANNA
mfg (EUNDAHANUMANTHARAYANA PALYA
G I~i7PA.I;YA, SWANDHENAHALL: POST
I
mM_I<:~UR
PETITIONERS.
'(B:s%Sz-i L RAJANNA, ADV. )
STATE OF KARNATAKA
REP. BY STS SECRETARY
DEPARTMENT OF' REVENUE
M 8 BUILDING, DR AMBEDKAR ROAD
is sought to be acquired for the purpose of formafion
fl
BAN GLAORE 1
THE DEPUTY COMMISSIONER
TUMKUR
THE ASSIS'FAN'I' COMMISISONERW .
CUM LAND ACQUISITION OFFICER "
TUMKUR SUB DIVISION V'
TUMKUR
{.1 ~m3;s:5oI§II)EN'I's.
(By Sn". KESHAVA REDD;:Y';~..A.Ci¥}I\._§'C§.!§.i§i:3;
SR] Sfl'. THIpPEswA1~vIY;--AI3v.'-I?<;aI: __ _ _
SRIVIJAYAKUMAR, ADVH._"F'Q_R 3.4, _
THIS w,P..:j_FI_.LI_:If': U4Ni)iER"'ART§,CLES 226 AND 227 OF
THE CONSTa'TU"i'§§)N, PRA¥!.NQ:,9 TO QUASH THE
PRELIMINARY A INO'I'E'§'IC.AIi"1ON DATED 5.2.2005, WHICH
WAS Pt1BLIsHE'I3.'jVII:I'~ ,TiiE'I'--..KARNATAI{A GAZETFEE D'I'.
3.3.20
O5,HV1£)E -ANX’-B_ ‘AN’-:3′ .-ALSO FINAL NOTIFICATION
DATED 7.’?,12oo6″‘WIIIcI1i.-. WAS PUBLISHED IN THE
KARNATAKA G;AIZE’E7’FEEv_D’T’} 7.7.2006 VIDE ANX~H.
TfiE”%ESPONDENTS TO WITHDRAW THE
PRELIMINAF£.Y’=–._ NOTIFICATION BY HOLDING THE
ARE NOT REQUIRED FOR PUBLIC
PU_RI’?QsE;.’j.,,__ .
“”ATHIS’1é§:’frrIoN COMING on FOR HEARING THIS
KQAY, ‘I’HE'{1OUR’I’ MADE THE FOLLOWING:
ORBER
An extent of 7% guntas belonging to the petitioner
of road. The preliminary notification is ‘4
5.2.2005 gazetted on 3.3.2005. To
preliminary notification the petitioner K V’
inter alia contending that the
the purpose of formation
certain malafides. zxcopies’ ‘V V made
available at ‘ the main
contention of fl:1:e*_~ pefitioner is
the solely on the
glnurnfiiethatw the had passed 3 resolution
recoH;mezi(}i1}ig.aeq1iisitien. He further submits that
:'{a'”caq11isi.tion”i’s”‘I”iot for public purpose and it does
évfhiehdefmition of section 3(1) of the Act, in
holdershhi’ and one of them is a member of the
V. A ‘ V’-,,PaI1f(Q§hayat.
L’ the beneficiaries are only two land
/5
(/5
.,,_test of consideration of objections.
2. Mr. Keshava Ready, learned Govt;
submits that objections have the ” ”
L,A.G. and they have been right1Vj{ot:e1Tiuled;
submits that there is no é]_1egatior:- oi’ .1né:§1af’i§ie,,..i.:1 as
much as, it is not stated one of
the beneficiaries is a 2
3. Mr. appearing for
Ff3SpOfldCIlé€:-Q’; land is required
for V as, for formation of a
road. «M it is essential and an the
objeetions ‘mi uthe oetifioner have been considered.
“}{e§ice,E”‘§ie the acquisition is required to be
R
Wifiilout going into the other controversies, sufliee
A that a perusal of the report does not satisfy the
Apparently the
‘V L.A.O. has proceeded to reject the objections solely on
/
the gound that a resolution has been ” _
Panchayath. I am of the viewf_t31ot ” ‘V
considered as consideration of ‘of
Axmexunas C to D1 would ‘
raised many contentions 2 float: is an
alternate road. Eves seriously by
the respondeljtsi’ .___Be considering
the as it must be
are considered
in ” 41A’ on the basis of resolution
passed iihe cannot be the basis for
V. of__t1’1e o%b}e=-sfliions.
I I am of the View that the objections
to be re-considered and the proceedings
.Vo a.res_t:o ooiiamenoe from section 5(a) of the I…A. Act.
Consequently the following order is passed:
(1) The writ petition is allowed in part. The
impugned final notification at Armexure—H under
K .
d/./’
section 6 of the Act stands quashed. The matter staiads
remitted to the L.A.O. for consideration of ~ V.
afresh.
(2) The petitioners who
court shall treat this as n-:)Vfic.e
shall appear before the
Rule made absolute above.
Mr} Keefiavei is mrmitted to
file metric ef. four weeks.
sel-
….. In-dgé