MOHAMMED ALIMULLA, MOHAMMED SALEEMULLA BOTH S/O LATE MOHAMMED ABDUL REHMAN SAB AND SMT. FAREEDA BANU W/O LATE MOHAMMED Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOUSING, THE HOUSING COMMISSIONER KARNATAKA HOUSING BOARD AND THE S

JUDGEMENT

(1.) WRIT petition filed by land owners of land bearing Sy. No. 300 measuring 28 acres 20 guntas situated at Kasaba Hobli, Pavagada Taluk, Tumkur District, in respect of which it appears notification under Section 4 of the Land Acquisition Act, 1894 [for short 'the Act'] is issued by the acquiring authority, namely, the Karnataka Housing Board and Special Land Acquisition Officer attached to the Board under the said Act.

(2.) SUBMISSION of Sri Aswathnarayan, learned Counsel for the Appellants is that the purpose for which land is sought to be acquired is for construction of dwelling units by the Housing Board and for the benefit of the residents residing in and around Pavagada Town in Tumkur District; that even while many more suitable lands in the immediate vicinity of the town itself is available, only Petitioner's land is singled out for acquisition proceedings though the land belonging to the Petitioner's family is located at the footstep of Pavagada Hills and is not suitable for the purpose for which it is sought to be acquired etc., and therefore the preliminary notification deserves to be quashed.

(3.) IT is open to the Petitioners to avail of the remedies under the Act. This writ petition at this stage is premature nor is it the function of this Court to go into the suitability or otherwise of the land proposed to be acquired under the scheme which is formulated by the Board even before the authorities have bestowed their attention to this aspect in terms of objections if any put forth by the land owners for which purpose, legislature has enabled land owners in terms of Section 5A of the Land Acquisition Act.