Y N NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH these matters are posted for orders, with the consent of learned Counsel on both sides, they are heard finally.

(2.) THE petitioners in these writ petitions have challenged the acquisition notifications namely, notification issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") dated 25-4-2001 and the notification issued under Section 6(1) of the Act, dated 29-7-2008, which are marked as Annexures-B and J, W.P. No. 18431 of 2009, insofar as the lands are concerned.

(3.) PURSUANT to the issuance of the preliminary notifications, both the petitioners filed objections to the proposed acquisition inter alia, contending that these lands were their only source of livelihood and that they have made huge amount of investments for cultivating the various crops on the said lands. They also contended that only 6 acres 12 guntas of land in Yadahalli Village, Bannur Hobli, T. Narasipura Taluk, Mysore District, in Sy.Nos.171, 172 and 173 were acquired under various notifications and out of the said extent, only 2 acres of land was utilized and the remaining land was not utilized, and that the respondents intend to acquire the lands of the petitioners, without there being any justifiable reasons and by not utilizing the lands earlier acquired for the said purpose. They have also contended that their lands are situated away from the existing recycling water unit and adjacent to the lands already acquired by the respondent 2. That uncultivated land in Sy.No.183 is available for the said purpose and therefore, respondent 2 could have notified the said land. They have also stated that pursuant to the objections filed by the petitioners, the Tahsildhar, T. Narasipura Taluk had filed a report dated 16-7-2008 to respondent 3 stating that there are other lands near the existing recycling water unit, which could be acquired and a copy of the said letter is marked as Annexure-H, that despite the objections filed by the petitioners without considering the same, the respondents issued final notification dated 24-10-2008 as per Annexure-J and thereafterwards, the proceedings have continued by issuance of Sections 9 and 10 notices under the Act. Being aggrieved by the proposed acquisition, the petitioners have filed these writ petitions challenging the acquisition notifications.