MADHUKAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE present petitions are considered for final disposal having regard to the circumstances of the case.

(2.) THE background to the above petitions is as follows:

(3.) THE claim of the second respondent -Authority that they are likely to issue notification in the near future to acquire the land would again be unjust to the petitioners who intend to lawfully develop their property. There is no impediment to do so. Further, the respondents, who have expressed the intention, are expected to act with expedition and hence, if the respondents fail to initiate any proceedings for acquisition in the next three months, the condition imposed that the petitioners would not be enabled to claim any higher compensation by virtue of any construction put up will not be applicable, or otherwise, the lawful right of the petitioners to construct on the property is taken away. This order is therefore, tailored to meet the circumstances, though it may not enable the respondent to claim any such vested right in denying issuance of 'No Objection Certificate' on the basis of the future proceedings to be initiated. In the eye of law, the petitioners are free to develop the land in accordance with law, if there is no notification pending as on date. Therefore, with that condition, the petitioners may be granted 'No Objection Certificate'.