PACHAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions are heard and disposed of by this common order as the legal issues canvassed are common to the petitions. Re. WP 24113/2012 The facts as stated are as follows . The petitioner is said to be a member of a joint Hindu family. And he is the owner of land bearing Survey No.40/2, measuring 1 acre and 7 guntas of Lingapura village, Anekal Taluk, Bangalore Urban District. The petitioner is said to have acquired the same under a sale deed dated 1.8.2007. It is claimed to be well developed garden land and is close to the gramatana limits.

(2.) It is contended that the respondent without considering the objections filed by the petitioners, had issued a final notification dated 28.01.2012, and while doing so, had excluded several lands, which were adjacent to the subject property from the acquisition proceedings. It is further contended that nothing is said about the purpose of acquisition, except in so far as stating that the lands are required for a public purpose, namely for the second respondent's Housing Scheme.

(3.) The learned counsel for the petitioners Shri G.V.Shashi Kumar, seeks to contend that the primary ground on which the entire acquisition proceedings stand vitiated is the absence of a Scheme contemplated and framed under the KHB Act, preceding the acquisition proceedings, which is mandatory, apart from the requirement of the Housing Board obtaining the sanction of the State government before proceeding with the execution of any housing Scheme.