MOHAMMED ALIMULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners and the respondents. The petitioners' claim as absolute owners of land in Survey No. 300 measuring 28 acres and 20 guntas out of 36 acres and 30 guntas, of Pavagada Taluk, Tumkur District. The petitioners are entirely dependant on the said land for their livelihood since the family consists of more than 30 members and they are all engaged only in agriculture. The land in question is said to situate adjacent to a hillock in Pavagada and they have developed the land with great difficulty and brought it under cultivation. The same is about 3 kilometres away from the town and is surrounded by wilderness.

(2.) The learned Counsel for the respondents I has entered appearance and has filed statement of objections and has also produced the records to demonstrate that the respondents have exercised the power of eminent domain and the suitability of the land has been taken into account, in proceeding to acquire the land in question. The allegation of the petitioner being victimised is untrue and there is no such animosity involved nor are the respondents influenced by any third-parties in acquiring only the petitioners' land while overlooking other suitable lands. The objections are exaggerated. In any event, the petitioners had earlier challenged the very acquisition proceedings though on other grounds also and this Court has already opined that it is not the function of this Court to address the suitability or otherwise of the land proposed to be acquired under the Scheme. That position of law would still face the petitioners and therefore there is no warrant for interference by this Court. The learned Counsel would make the records available to the Court to indicate that due process has been followed insofar as the acquisition proceedings are concerned.