NARAYAN RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these appeals the Certificate of fitness for Leave to Appeal to the Supreme Court has been granted on the ground that a substantial question of law of general importance arises in the appeals, without setting out the question of law which the High Court has considered to be of sufficient general importance as to. require its determination at the hands of the Supreme Court. Under Order 15, Rule 5-A, Clause (d) of the Supreme Court Rules it is provided that in the case of such an appeal it might be put up for hearing ex parte before the Court which may either dismiss it summarily or proceed after issuing notice to all the necessary parties or may make such other orders as it thinks fit.

(2.) After hearing Counsel we are satisfied that no question of law of any substantial importance arises in these appeals which requires to be determined by us. The facts found show that the acquisition was for the purpose of carrying out a housing scheme by a Co-operative Society within the meaning of the law relating to the Co-operative Societies in force in the State of Karnataka. That purpose was a public purpose under the Land Acquisition Act, 1894 before its amendment in 1984 as well as after that amendment. Hence, the question whether the purpose of acquisition in this case was a public purpose is a simple question answer to which is quite clear and it must be in the affirmative. The question therefore, cannot be said to be a substantial question of law at all. There is no substance in the other contentions urged by Mr. Nesargi.

(3.) In the circumstances, the Certificate granted by the High Court is revoked and the Appeals are dismissed. There will be no order as to costs.