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SACHIN SHANKAR MAGADUM
Nidasheshi Veeranna S/O. Gavisiddappa – Appellant
Versus
State Of Karnataka, Represented By Its Secretary, Revenue Department – Respondent
ORDER :
Writ Petition No.7954/2007 is filed by the land owners of the petition land bearing Sy.No.44/1 measuring 2 acres and 3 acres 97 cents situated at Krishnapur Village, Hospet Taluk seeking quashing of the notification of acquisition dated 05.04.2006 issued by the respondent No.2 vide Annexure-C and also notification of acquisition dated 25.05.2005 issued by respondent No.3 vide Annexure-B insofar as the petitioners’ lands are concerned.
2. W.P.No.5574/2007 is filed by the land owners of the petition lands bearing Survey No.47/2 and 47/1 measuring 1 acres 60 cents and 40 cents, respectively, situated at Krishnapur village, Hospet Taluk, and also the land bearing Survey No. 681/A/1 and 681/A/3 measuring 1 acre 2 cents and 2 acre 53 cents situated at Kamalapura village, of Hospet taluk, seeking quashing of the notification of acquisition dated 05.04.2006 issued by the respondent No.2 vide Annexure-F and also notification of acquisition dated 25.05.2005 issued by respondent No.3 vide Annexure-E insofar as the petitioners’ lands are concerned.
3. The facts leading to the case are under:
The petitioners claim to be agriculturists owning land in Krishnapur Village and Kamalapur Village.
The power of eminent domain must be exercised by the government in accordance with established legal and ethical procedures, and acquisitions cannot be based on mere speculation or without a legitima....
The invocation of the urgency provision u/s 17 (4) of the Land Acquisition Act, 1894, to dispense with the enquiry u/s 5-A of the Act, is not justified in cases where the acquisition is for an indust....
The excessive use of the urgency provision u/s 17 (4) of the Land Acquisition Act, due to the State's inaction in starting the project, rendered the invocation of the provision unsustainable and viol....
The main legal point established in the judgment is the requirement for justifying the invocation of the urgency clause under Section 17 of the Land Acquisition Act, the burden of proof on the party ....
The court established that non-compliance with Section 5A of the Land Acquisition Act invalidates acquisition proceedings, emphasizing the necessity of adhering to principles of natural justice.
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