I.M.OMKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners aggrieved by the final notification dtd. 20/2/2023 issued by respondent No.2 and a consequential order dtd. 12/12/2023 passed by the 3rd respondent are before this Court alleging procedural aberrations in the acquisition of lands belonging to them.

(2.) Heard Sri B.S.Sachin, learned counsel appearing for the petitioners, Sri N.Spoorthy Hegde, learned High Court Government Pleader appearing for respondents 1, 2 and 5 and Sri A.Ravishankar, learned counsel appearing for respondent Nos. 3 and 4.

(3.) Facts, in brief, germane are as follows: - The petitioners are agriculturists who grow crops like pepper, areca nut, coffee, coconut, vegetables etc. in the lands that they own. They are said to be the absolute owners of the said properties. The properties of the petitioners are said to be falling within the green belt area. A proposal emanates from the 3rd respondent / Chikamagaluru Urban Development Authority ('hereinafter referred to as 'the Authority' for short) for acquisition of lands, which included the lands of the petitioners under the Karnataka Urban Development Authorities Act, 1987 ('the Act' for short). Prior to the proposal for the scheme of development of lands, on 4/9/2021 a meeting is said to have been held between the Authority and the land owners on the acquisition of lands and payment of compensation in the ratio of 50:50. 90% of the land owners are said to have expressed their willingness to part with their lands for construction of a new residential layout coming within the precincts of the Authority. The Authority is said to have undertaken to allot all the sites that would be formed, to the members of backward classes or economically weaker Sec. of the Society. Prior to the said meeting, petitioners 5 and 7 are said to have made representations to the Authority conveying that they do not intend to give up their lands. Notwithstanding the same, the meeting goes on, which results in an order by the Authority on 30/10/2021 that the meeting of the Authority has been successful and 90% of land owners have accepted the proposal put forth by the Authority. Survey numbers that were sought to be acquired for development of residential layout formed part of the Notification dtd. 30/10/2021. The land owners who had accepted the proposal gave their consent to the Authority for acquisition of lands. The petitioners again objected to the acquisition of their lands stating that they would not give consent for acquisition.