MUNIYAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The challenge in this petition is to the land acquisition proceedings that commenced with the issuance of Preliminary Notification dtd. 12/1/1983 and culminated into the award dtd. 12/9/1986. This challenge is structured principally on the grounds that: The acquisition is not in public interest. Housing Societies are fictitious entities vide GVK Rao Report. There is no approval for the Housing Scheme in question. Neither possession is taken nor compensation is paid. Petitioners who belong to Scheduled Caste are illiterates with no exposure to the outer world and therefore delay & laches, if any, be condoned, regard being also had to merits of the main matter.

(2.) After service of notice, the State and its officials have entered appearance through the learned AGA; respondent-BDA and its officials are represented by their Panel Counsel; the respondent-Housing Societies are represented by their Panel Advocates and the private respondents barring one have engaged their private counsel. The Housing Societies have filed their Statement of Objections. All they oppose the petition making submission in justification of the acquisition proceedings. They contend that: Petition is bad because of delay & laches. There was approval of scheme by the Government and contra contention is legally untenable. Acquisition is accomplished by due process of law. Compensation and additional amounts are paid. Possession has been taken. Land is developed, layout is formed and sites have been allotted to members. Petition is bad for non-arraignment of allottees as parties. Similar challenge by others is already rejected upto the level of Apex Court after repelling similar contentions. Petition is liable to be rejected on the ground of suppressio veri, suggestio falsi with exemplary costs.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter for the following reasons: