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1982 Supreme(Kar) 132

S.G.DODDAKALE GOWDA
PAPANNA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
M.N.Hegde

S. G. DODDAKALE GOWDA, J.

( 1 ) THE petitioners have challenged the notifications No. LAQ I CR 127/81-1982 dt. 25-1 1982 and Notfn. No. RD 63 AQH 1982 dt. 18-5-1982 issued under sub-sec. (1) of ss. 4 and 6 respectively of the Karnataka land Acquisition Act, 1964 (hereinafter referred to as the 'act') declaring that the lands belonging to them are needed for a public purpose, to wit, construction of a temple, on the ground such an action is impermissible in a secular State. After deletion of Cl. (f) of Arts. 19 and 31 the petitioners can neither complain of infringement of their fundamental right to hold property nor contend that it is not for public purpose. But relying on the insertion of the word 'secular' in the pre. amble by 42nd Amendment and Art. 27 of the Constitution it is contended that acquisition for the construction of a temple is opposed to the concept of secular state ; the State cannot propagate or promote any religion and public revenue cannot be utilised for acquisition of land for the said purpose. An attempt to define the expression 'secular' by 45th Amendment was not successful. Except challenging the notifications, the provisions providing for acquisition are no














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