LAWS(KAR)-2005-4-28

STATE OF KARNATAKA Vs. M VENKATESH

Decided On April 12, 2005
STATE OF KARNATAKA BY SECRETARY TO GOVERNMENT Appellant
V/S
M.VENKATESH Respondents

JUDGEMENT

(1.) THE State Government and its authorities being aggrieved by the order of the learned Single judge dated 16-12-2003 in Writ Petition No. 40926/2001, have preferred this Writ Appeal.

(2.) IN the above Writ Petition, the first Respondent herein, who is the owner of the subject land acquired for a public purpose, complained that there was no necessity to invoke urgency clause under Section 17 (4) of the Land Acquisition Act, 1894 ('the Act' for short ).

(3.) THE Learned Single Judge though accepted the above contention as justified, has dismissed the writ Petition on the ground that the land is acquired for laying ring-road and, therefore, it would not be appropriate to quash the land acquisition proceedings. Having so opined and while dismissing the Writ Petition, the learned Single Judge, however, directed the State Government to pay interest to first Respondent at the rate of 6% Per annum in addition to the compensation payable to him. Being aggrieved by the above direction of the learned Single Judge, the State has preferred this Appeal.