SUSHEELA DEVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants are petitioners in W P Nos. 1565 of 2003 to 1572 of 2003. They are aggrieved by the dismissal of their Writ Petitions by the learned Single Judge by his order dated 17/3/2003 dismissing their Writ Petitions and directing the first petitioner, who is not an appellant, to pay costs of Rs. 10,000/ -.

(2.) THE appellants along with one Narayana Setty filed Writ Petitions seeking quashing of the notifications issued under the Land Acquisition Act acquiring the lands and for quashing the award passed by the Land Acquisition Officer and for declaring that the establishment of cauvery IV Stage Sewerage Water Cleaning Workshop Unit put up by the respondents as contrary to Comprehensive Development Plan and Zoning Regulations issued under the karnataka Town and Country Planning Act as illegal and void and to restrain the respondents from establishing the Water Sewerage Plant.

(3.) ALL these appellants filed their Writ Petitions in common with the Writ Petition of Narayana setty who has now not appealed against the dismissal of his Writ Petition. The appellants in their writ Petitions stated that they are the permanent residents of K. R. Puram, Bangalore and that they have constructed their houses in Bank Colony there. It is their case that in the Writ Petition they are challenging the acquisition proceedings to acquire 10 acres 15 guntas of land in Sy. No. 114/2 of K. R. Pura, Bangalore South Taluk and the establishment of Cauvery IV Stage Sewerage water Cleaning. Workshop. The said land was acquired for the purpose of setting up of a sewerage Treatment Plant in short referred to as the 'stp' hereafter. It is the case of the appellants in their Writ Petition that the respondent Bangalore Water Supply and Sewerage board hereinafter referred to as the 'bwssb' had written a letter to the second respondent special Deputy Commissioner, Bangalore District requesting to acquire about an extent of 16 acres 15 guntas out of which 10 acres 15 guntas in Sy. No. 114/ 2 of K R Puram Village to be used for the setting up of STP. The second respondent referred the matter to the Commissioner and Secretary, Government of Karnataka. The matter was approved without applying its mind mechanically and arbitrarily and there is absolutely no ground made out for invoking the provisions of Section 17 of the Land Acquisition Act.