TOWN PANCHAYAT Vs. KRISHNAPPA

JUDGEMENT

(1.) This intra court appeal takes an exception to order dtd. 5/12/2013 passed in writ petition Nos.5417-5420/2009 and writ petition No.17517/2009, by which the petition preferred by respondent in which challenge was made to the proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short) has been allowed.

(2.) Facts giving rise to filing of this appeal briefly stated are that land bearing survey number 64 situated at Koratagere Town Kasaba, Tumkur District was an Inam land (hereinafter referred to as the '[schedule land' for short) was governed by the provisions of Religious and Charitable Inams Abolition Act, 1955. The father of respondent was a permanent tenant in respect of aforesaid land who was granted occupancy rights in respect of schedule land measuring 17 acres and 10 guntas.

(3.) The appellant is the town Panchayat constituted under the provisions of Karnataka Municipalities Act, 1964. The Panchayat was in need of schedule land as well as land measuring 7 acres of Survey No.64 for the purposes of Solid Waste Management at Koratagere Town. Thereupon, proceeding under the Act were set in motion. A Notification under Sec. 4(1) invoking urgency provision under Sec. 17(1) of the Act was issued on 9/12/2004, by which land measuring 3.03 acres was notified for acquisition.