LAWS(KAR)-2011-11-351

NANJAPPA Vs. STATE OF KARNATAKA BY ITS SECRETARY PUBLIC WORKS DEPARTMENT (IRRIGATION) VIDHANA SOUDHA BANGALORE, THE EXECUTIVE ENGINEER K R SAGAR DIVISION KRISHNARAJASAGAR MANDYA DISTRICT AND THE SPECIAL LAND ACQUISITION OFFICER KABINI PROJECT KR

Decided On November 21, 2011
NANJAPPA Appellant
V/S
State Of Karnataka By Its Secretary Public Works Department (Irrigation) Vidhana Soudha Bangalore, The Executive Engineer K R Sagar Division Krishnarajasagar Mandya District And The Special Land Acquisition Officer Kabini Project Kr Respondents

JUDGEMENT

(1.) SRI Venkatesh Doddari, the learned Additional Government Advocate is directed to take notice for the respondents.

(2.) THIS petition is filed seeking a writ in the nature of mandamus to the respondents the respondents No.2 to initiate acquisition proceedings for acquiring the land measuring 1 acre 34 guntas at Sy.No.21 of Bookahalli Village, Booka(sic) Hobli, K.R.Pet Taluk.

(3.) THE compulsory acquisition of the lands falls within the eminent domain of the State. This Court, in exercise of the power under Article 226 of the Constitution of India, would not direct the Government either to acquire or not to acquire the lands, Therefore, it is for the respondents to examine the request of the petitioner meaningfully and take a decision in the matter.