LAWS(KAR)-2014-1-198

NARAYANA REDDY Vs. STATE OF KARNATAKA

Decided On January 17, 2014
Sri. Narayana Reddy, Sri. Bheemaiah and Sri. Pabbareddy Kodandarami Reddy Appellant
V/S
State of Karnataka, Revenue Department represented by its Principal Secretary, The Karnataka Housing Board and The Special Land Acquisition Officer, The Karnataka Housing Board Respondents

JUDGEMENT

(1.) THESE petitions are disposed of by the common order, having regard to the facts and circumstances. The petitioners in these petitions are said to be owners of various items of lands in differing extents, situated in three villages namely Yadavanahalli, Jigala and Adigondanahalli of Attibele Hobli, Anekal Taluk. The said lands were proposed to be acquired for purposes of forming a Housing Layout by the Karnataka Housing Board. Therefore, a preliminary notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the LA Act', for brevity) dated 14.06.2006 was issued.

(2.) HOWEVER , the learned counsel Shri Basavaraj V. Sabarad, in a last minute effort, seeks to produce a document which is sought to be styled as a 'scheme'. However, it is noticed that the said document is only a letter, whereby a proposal is made for acquisition or purchase of land in furtherance of the formation of a layout. That by itself cannot be considered as a 'scheme', for it is on record and it is candidly admitted that a 'scheme' formally framed and approved by the State Government is available and that is much subsequent to the acquisition proceedings having been initiated. Therefore, there is no doubt of the fact that there was no scheme formulated, preceding the acquisition of land.