Can't Direct Govt to Acquire Land, says High Court
The bench on Wednesday stated that the High Court has no jurisdiction to pass an order directing the State government to acquire land situated in a protected area of archeological value
Sep 11, 2014
Source : The New Indian Express
Karnatka High Court


BANGALORE: A High Court division bench headed by Chief Justice D H Waghela has denied permission to a woman who wanted to develop her piece of land near the Srirangapatna fort.

The bench on Wednesday stated that the High Court has no jurisdiction to pass an order directing the State government to acquire land situated in a protected area of archeological value.

The bench was hearing a petition filed by the state government challenging the order of a single judge bench directing the government to acquire petitioner Jayamma’s land and award her compensation.

Jayamma had sought permission from the authorities concerned to form a layout on her three-and-half-acre plot adjoining the fort. Her application was rejected by authorities citing the presence of the archaeological structure. She then moved the High Court and a single judge bench had allowed the application.

The state government, challenging the order, contended that the said property is very close to Srirangapatna fort and as per the Mysore Ancient Historical Monuments and Archaeological Sites and Remains Act, 1961, no construction can be permitted within a radius of 100 metres of any monument of historical significance.

Setting aside the order of the single judge bench and allowing the state government’s appeal, the division bench held that the High Court cannot order the government to acquire the land.

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