P.K. SOMAIAH, REPRESENTED BY HIS G.P.A HOLDER SRI. MANJE GOWDA, SON OF NANJE GOWDA Vs. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE-560 001 AND MYSORE URBAN DEVELOPMENT AUTHORITY, RE

JUDGEMENT

(1.) THE facts of the case are as follows: -

(2.) THE learned counsel for the petitioner while reiterating the above circumstances, would submit that the power of eminent domain exercised in the present case on hand has not effectuated the purpose declared in the acquisition proceedings. Therefore, the power exercised is a colourable exercise of power and could even be termed as fraud on power and is vitiated on that count. It is the case of the petitioner that the land cannot be utilized for any other purpose when once the declared purpose has become redundant. It is further contended that it is practically not possible for the respondent to utilize the land for any other public purpose as the land of the petitioner is surrounded by private layouts that have been formed and therefore, it is not practically possible to include the petitioner's land in any other project for a purported public purpose and the learned Counsel seeks to place reliance on the following authorities in support of his case: