SANDEEP Vs. GOVT OF KARNATAKA DEPARTMENT OF REVENUE

JUDGEMENT

(1.) In W.P.No.70460/2012 & W.P.No.78899-919/2013, petitioners who claim to be the loosers of the land in acquisition for the benefit of second respondent Karnataka Housing Board, are invoking writ jurisdiction of this Court, laying a challenge to the said acquisition, inter-alia, on the ground that the acquisition process is vitiated since the mandatory requirement under the law has not been complied with.

(2.) After service of notice, the respondent have entered appearance; the respondent-State is represented by the learned AGA Sri.A.R.Rodrigues and the respondent Housing Board is represented by its panel counsel Smt.Sharmila M.Patil.

(3.) The learned counsel for the petitioners Sri.Jagadish Patil and Sri.S.M.Kalwad vehemently contend that all the petitioners admittedly were the owners of various plots, comprised in the acquisition, by virtue of registered sale deeds, copies whereof are produced as Annexures; they ought to have been heard before finalising the acquisition process and this having not been done, the acquisition is vitiated. Secondly, they submit that even otherwise also, the acquisition requires to be invalidated inasmuch as the pre-condition for such acquisition namely, the consent of the Government as required in terms of Section 24 of Karnataka Housing Board Act, 1962 has not been taken.