FAKIRAVVA DURGAVVA MADAR Vs. PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) THE 2nd respondent having issued notification dated 31.12.2013 under Section 17 read with Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') for acquisition of the lands belonging to the petitioners and others and a notification as at Annexure A having been published in the Karnataka Gazette on 12.05.2014, these writ petitions were filed seeking to quash the notification, as at Annexure A and for a mandamus as against respondent No.2, to consider the representation/objection dated 28.01.2014 vide Annexure C.

(2.) THE petitioners have challenged the acquisition proceedings by averring as follows:

(3.) IN the counter filed on behalf of respondents, it was stated that prior to the issuance of the notification, as at Annexure A, Gram Sabha was conducted on 21.06.2013 and except the land owners of Survey Nos.31, 33, 34, all others agreed for acquisition of land to an extent of 210.06 acres. That on 30.11.2013, the land owners of Survey Nos.32, 33, 34 filed objections not to acquire their lands on the ground that they belong to backward class. Hence, one more Gram Sabha was conducted on 06.12.2013 and objections submitted were enquired into and since the villagers stated that Rehabilitation Center should be established, as proposed and there being need to acquire the land for the purpose of rehabilitation of the residents of Katarki village, whose village would be submerged under the Upper Krishna Project, when the height of the Almatti Dam is increased from FRL 519.60 to 524.256 meters, the notification as at Annexure A was issued. It was stated that since urgency clause under Section 17 of the Act was invoked, as per Government Order dated 31.03.1993, enquiry under Section 5 -A of the Act is not attracted. The lands in question are dried lands and not irrigated lands and no agricultural land is available near Katarki Village. The existence of the K.E.B. Main Line in Survey Nos.32 to 41 is not disputed. It has been stated that the same can be shifted to some other place, with less cost than the cost involved in the acquisition of the irrigated lands. It was stated that to shift the villagers to the new area, on account of increase of height of Almatti Dam, which would affect 22 villagers, the notification as at Annexure A was issued.