NARAYANA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) in these writ petitions, the petitioners have challenged the legality of the acquisition of land under the Provisions of the Land Acquisition Act ('the act' for short), in favour of certain house building co-operative societies, inter alia, on the ground that though apparently the acquisition of lands is stated to be for carrying out housing schemes sponsored by them for the benefit of their members, in truth, it is not so, and that the persons incharge of management of the society have joined hands with builders and contractors to do real estate business with the object of making enormous profit taking advantage of the demand for building sites in the city and inspite of the said factual position the state government has proceeded to acquire the land under the act and therefore the notifications arc liable to be quashed on the ground that it is an instance of colourable exercise of power.

(2.) except for a few specific points raised, which are special to some of the petitions, there are general common questions of law and fact arising for consideration in these petitions and therefore they were heard together and are being disposed of by this common Order,

(3.) briefly stated the facts of the case in general, are as follows: the petitioners in each of the petitions are agriculturists, holding agricultural lands within the Bangalore city metropolitan area. Preliminary notifications under Section 4 of the act were issued proposing to acquire the lands belonging to them and others, in favour of the respondent-societies on various dates. Subsequently, final notifications were also issued under Section 6 of the act. The particulars relating to the issue of the notifications are as below: <FRM>JUDGEMENT_545_KANTLJ3_1991Html1.htm</FRM>