SRI LAKSHMINARYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Land acquisition proceedings have become a farce. State Government embarking on exercising its power to acquire private lands in the name of public purposes and more often than not yielding to sub-serve interest of private individuals in the name of public purpose/interest.

(2.) A drastic draconian power in favour of the State for forced/ compulsory acquisition of private lands in the name of public purpose, while is undoubtedly a legacy of colonial rule wherein prevailed the concept of power of eminent domain, is anathema to individual, liberated citizens' rights recognized and respected in a society which is, as envisaged under the Constitution of India, but even the power to acquire private lands by the State for a public purpose may nevertheless have some significance and role as is enabled under the land acquisition enactments, particularly, the Indian State being visualized to be a welfare State by framers of our Constitution and there being situations wherein for achieving the larger public good, private or individual interest though affected has to yield, it can only be strictly within this parameter and only when there is a real public purpose sought to be achieved by the State exercising its power for compulsory acquisition of private lands, but not for more and definitely not when in the name of achieving public/good purpose benefit is sought to be conferred on private individuals! The present case appears to be one such.

(3.) In recent times, such tendency on the part of the public authorities to misuse the power, subvert the power, abuse the power, has been on the rise and it has become inevitable that more and more affected landowners approach Courts for relief challenging the validity of acquisition proceedings. This writ petition is no exception.