The High Court has set aside the government’s decision to acquire nearly seven acres of land for infrastructure development in the area housing the protected monuments of Ugra Narasimha and Badavilinga temples in Hampi.
The Dharwad Bench of the High Court, headed by Justice Sachin Shankar Magadum, while hearing petitions filed in 2007 by Nidasheeshi Veeranna and others, who challenged the land acquisition in various survey numbers of Krishnapura and Kamalapura villages in Hosapete taluk, quashed the acquisition order issued on April 5, 2006.
The court observed that the land acquired by the government is the lifeline of poor farmers and that there were no compelling or moral grounds for the acquisition in this case. Since the land was acquired for the beautification of national monuments, the petitioners were entitled to submit their objections and seek a hearing. Therefore, the court held that the land could not be acquired by invoking the urgency clause.
The bench further noted that Section 5A of the Land Acquisition Act, 1894, mandatorily requires a hearing of objections. However, the state government bypassed this provision and invoked the urgency clause under Section 17 to acquire the land. The court ruled that this action was arbitrary and mala fide, and accordingly set aside the acquisition.