NARAYANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners claiming to be the owners of the lands in question are knocking at the doors of writ court for laying a challenge to the acquisition proceedings of the year 2002 done under the provisions of the KIAD Act, 1966.

(2.) Learned Sr. Advocate appearing for the petitioners urges the following points in support of the petition prayers:

(3.) Learned AGA appearing for the State and the learned Sr. Panel Counsel appearing for the KIADB and BDA, and learned advocates appearing for the private respondents vehemently oppose the petition making submission in justification of the acquisition. They also offer explanation as to why the award could not be passed. Learned KIADB Advocate points out that the judgments of the two Coordinate Benches have been stayed by the Division Bench in writ appeals. Lastly it is contended that court need not consider the constitutional question urged on behalf of the petitioners in the absence of necessary plea and evidentiary material for invoking the provisions of Article 31A of the Constitution.