LAWS(KAR)-2009-7-42

NINGAMMA PATIL Vs. STATE OF KARNATAKA

Decided On July 01, 2009
NINGAMMA PATIL Appellant
V/S
STATE OF KARNATAKA BY ITS SECRETARY Respondents

JUDGEMENT

(1.) WRIT appeal by persons who claim to be owners of land in Survey/Block Nos.141 and 145 measuring an extent of 1 acre 18 guntas and 1 acre 30 guntas respectively of Amargol Village in Hubli Taluk of Dharwad District.

(2.) APPELLANTS are aggrieved that a challenge mounted by them to the scheme for development of land by the 2nd respondent, Hubli-Dharwad Urban Development Authority and acquisition of their lands for implementation of such plan as not legal has been rejected by a learned Single Judge of this Court by dismissing their writ petition.

(3.) WE have also noticed that the State government in the initial stages and later the authority itself, have acted in an unreasonable, whimsical, arbitrary manner systematically excluding chunks of land from the scope of the scheme and the scope of acquisition, notwithstanding the learned counsel appearing for the authority claiming that the scheme is at a concluding stage and the authority wants to distribute sites from out of the acquired area to thousands of eager aspiring applicants.