VENUGOPAL T V Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal has been filed against order dtd. 16/2/2021 passed by the learned Single Judge, by which writ petition preferred by the appellant has been disposed of. In order to appreciate the appellant's grievance, few facts need mention, which are stated infra.

(2.) The Father of the appellant was the owner of land bearing Sy.No.202/3 measuring 23 Guntas of Hinkal Village, Kasaba Hobli, Mysore Taluk.

(3.) The City of Mysore Improvement Act, 1903 (hereinafter referred to as 'the 1903 Act' for short) was an Act enacted for improvement of City of Mysuru and to provide space for its future expansion. The 1903 Act provides for constitution of the Board, for improvement / planned development of City of Mysuru by formulating and implementing improvement schemes. Sec. 14 of the Act deals with power of the Board to undertake works and to incur expenditure for improvement. Ss. 15 and 16 of 1903 Act deal with particulars to be provided in an Improvement Scheme and procedure on completion of scheme respectively. Sec. 22 of the Act also provides for acquisition of land by agreement, whereas, Sec. 23 of the Act deals with acquisition of land otherwise than by agreement. Sec. 25 deals with power of the Board to acquire, hold and dispose of the property. Sec. 25(1)(b) of the Act empowers the Board to sell and otherwise convey with or without any conditions any movable or immovable property which may have become vested in or acquired by them.