Bengaluru: The Karnataka High Court has invalidated the government’s attempt to acquire seven acres of land for infrastructure development near the protected Ugra Narasimha and Badavilinga temples in Hampi, Vijayanagara district. Justice Sachin Shankar presided over the case, originating from petitions filed in 2007 by Hampi resident Viranna and others, challenging the land acquisition in various survey numbers within Krishnapura and Kamalapura villages of Hosapete taluk.
The land, initially acquired in 2006, has been canceled by the High Court. This land is a source of livelihood for underprivileged farmers, and the court deemed the acquisition ethically questionable. It was argued that since the land was acquired for the enhancement of national monuments, the applicants should have had the opportunity to voice their objections during a hearing. The bench maintained that this land could not be acquired under emergency provisions.
According to Section 5A of the Land Acquisition Act, 1894, objections must be heard in such cases. However, the bench concluded that the government’s use of the emergency provision under Section 17 of the Act to acquire the land, and its subsequent reversal, was driven by malicious intent. The court stressed the necessity of strict adherence to the law’s provisions, including those concerning emergencies, by government authorities. Ultimately, the bench found no substantiated evidence to support the application of the emergency clause in this case.
The land, spread across various survey numbers in Krishnapura and Kamalapura villages, was acquired by the state government under the Land Acquisition Act, 1894, citing the need for improved access to the temples. However, the petitioners, who relied on this agricultural land for their livelihoods, argued that the government’s unilateral acquisition, without granting them an opportunity to voice their objections in accordance with established rules, constituted an unlawful action with no genuine urgency.
