RAMAPPA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner has called into question the preliminary notification, dated 08.11.2006 and the final notification, dated 14.03.2007 (Annexures-G and L respectively) acquiring the petitioner's land measuring 3 acres 20 guntas for providing burial ground to the people of Basava Hanchinal.

(2.) Sri Mahantesh Patil, the learned counsel for the petitioner submits that the acquisition of the land in question would have the effect of depriving the petitioner of his solitary source of livelihood. He submits that the land in question is a fertile agricultural land. He submits that there is already a burial ground just 2 kms. away from the petitioner's land. He submits that the whole exercise of acquiring the land is at the instance of the 3rd respondent M.L.A.

(3.) Sri Ravi V.Hosmani, the learned Additional Government Advocate appearing for the respondent Nos.1 and 2 submits that the statement that the petitioner has no other land is not correct. In addition to the land in question, the petitioner owns large extent of lands. He submits that the existing burial ground is at a distance of 3.2 kms. from Basava Hanchinal village.