MALAPRABHA CO-OPERATIVE SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sy. No. 3 situated in the village limits of Madhavapur known as Kandak was a vacant land. Certain people were displaced in Malaprabha water scheme. It is to rehabilitate the displaced persons it was decided that the above vacant land should be made available to them to be used as building sites. Accordingly, the Special Deputy Commissioner, Belgaum, issued an order, after securing the approval of the Government, vesting 4 acres in Madhavapur village in Belbgaum Municipal Council, under Section 81(2)(c) of the Karnataka Municipalities Act, 1964. That order is produced as Annexure R-1. It was clearly mentioned in the said order that the land in question is vested in the said Municipal Council for formation and distribution of sites of the siteless and houseless weavers of Madhavapur Vadagaon village. Though several conditions are imposed in the order, two conditions which need mention for the purpose of disposal of this Writ Petition are as follows:

(2.) Condition No. 7 thereof states that any contravention of the conditions in the order, the land shall vest in the State Government and it shall be open for the Government to resume lawful possession thereof.

(3.) After the land was so vested in the City Municipal Council, Belgaum, it is obvious that the Municipal Council, Belgaum, alone could undertake the distribution of land in question and pass appropriate orders after identifying houseless and siteless people.