High CourtsSingle Bench(2011) 12 KAR CK 0015

Sri Doddegowda and Sri S. Lingegowda vs The Deputy Commissioner Chamarajanagar District Ckamarajanagar, The Assistant Commissioner Kollegal Sub Division Chamarajanagar and The State of Karnataka

Karnataka High Court · Decided on 7 December 2011

HON’BLE JUDGES
Ashok B. Hinchigeri, J
CASE NUMBER
Writ Petition No. 27730 of 2011 LA-RES and W.P. No. 45059 of 2011

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Judgment

8 paragraphs · 211 words

Ashok B. Hinchigeri

1.

Sri Venkatesh Dodderi, the learned Additional Government Advocate is directed to take notice for the respondents.

2.

The petitioners'' grievance is that the respondents are not re-initiating the proceedings for the acquisition of the lands for the purpose of providing the housing sites to the petitioners, who claim to be the siteless persons.

3.

Sri R.D. Renukaradhya, the learned counsel for the petitioners submits that the petitioners'' representations, dated 15.9.2009, 1.3.2010, 25.10.2010 and 21.3.2011 (Annexures-K, L, M and N respectively) have not evoked any response from the respondents.

4.

Sri. Venkatesh Dodderi, the learned Additional Government Advocate appearing for the respondents submits that the petitioners'' representations would be considered in accordance with law.

5.

It is trite that the compulsory acquisition of the lands falls within the eminent domain of the State. This Court, in exercise of its power conferred by Article 226 of the Constitution of India, would not give any direction to the Government either to acquire or not to acquire the lands,

6.

These petitions are disposed of with a direction to the respondents to consider the petitioners'' said representations meaningfully and take a decision in the matter of re-initiating the proceedings for the acquisition of the lands.

7.

No order as to costs