The MLA of the party in power abused his office and authority and instead of protecting and giving shelter to the farmers tried his level best to bring them on road. If such a person is again given a chance in future to contest the election either by the party or by the public at large by supporting him that would be a black day in the history of democracy.
The decision rendered by division bench of high court of Karnataka and confirmed by the Hon’ble Supreme court of India is a land mark decision in the realm of acquisition of agricultural lands for industrial purpose, the said decision is reported in ILR(2012 karnataka) and KLJ(2013). This decision not only helps the farmers in the territory of India but also, given a strong message to the farmers community as a whole to stand against the oppressive and despotic rule imposed by the persons having strong political power.
Story of the victory:
*As on the date of consideration of application made by Pariwartan Alpsankhyatar Krishi Sahakar Sangh, this sangh was not in existence.
*The sangh did not have sufficient fund to deposit the mandatory amount with the KIADB.
*The former Bhartiya janata party MLA Abhaykumar Bharamgouda Patil (Belgavi south constituency) was the president of the said sangh.
*The role of members on the register where kith and kin of The former Bhartiya janata party MLA Abhaykumar Bharamgouda Patil (Belgavi south constituency).
*This sangh was brought into existence with sole intention to grab the fertile lands of the farmers.
*There was no any public purpose nor any social work in setting up cold storage plant and food processing unit. The entire exercise was to make wrongful gain by causing immense loss to the farmers in and around the city of Belgavi.
*That the said former Bhartiya janata party MLA Abhaykumar Bharamgouda Patil (Belgavi south constituency) willfully and deliberately picked up R.S. No:628,629,630. Measuring in all 13 Acres 27 Gunthas land just to take revenge against farmers group.
*It is pertinent to take that though said former Bhartiya janata party MLA Abhaykumar Bharamgouda Patil (Belgavi south constituency) had, has his own land near R.S.No:628,629,630. None the less to fall his scheme he made a plot to due and defraud the farmers in question.
*The said former Bhartiya janata party MLA Abhaykumar Bharamgouda Patil (Belgavi south constituency) over powered the officials of the KIABD and State government to issue preliminary and final notification to acquire R.S.NO:628,629,630. The officials of KIADB and the state government never enquired about the genuineness of the requirement but yielded to the political pressure of The former Bhartiya janata party MLA Abhaykumar Bharamgouda Patil (Belgavi south constituency) .
*The farmers challenged the acquisition being wholly illegal and not for public purpose, farmers also suggested who acquire baron lands lying near Bhutaramatti and Kanabargi. Farmers further objected to the acquisition stating that the said The former Bhartiya janata party MLA Abhaykumar Bharamgouda Patil (Belgavi south constituency) to take revenge against farmers community has forced and imposed the acquisition.
*The single judge of the Hon’ble High court in the first instance rejected the petition filed by the farmers challenging the acquisition of R.S.NO:628,629,630.
*The farmers preferred writ appeal before the Division bench of High court of Karnataka.the entire litigation was conducted in the high court from 2006 to 2012 and the matter was argued before more then six to seven division benches of the high court.
*Finally the division bench comprising Justice D.Shailendrakumar and Justice Pinto heard the matter and was finally convinced by the plea taken by the farmers and opined that the acquisition of R.S.NO:628,629,630 is wholly illegal ; there is no public purpose and further a strong observation is recorded expressing that the officials of the KIABD And a state government surrendered to the dictates of the mla in power and the whole acquisition was colorable exercise of the power vested with the state government.
* Thus the division bench quashed the entire acquisition proceedings.
*As against the decision of the division bench of the Hon’ble high court of Karnataka the said The former Bhartiya janata party MLA Abhaykumar Bharamgouda Patil (Belgavi south constituency) on behalf of Pariwartan Alpasankhatar Krishi Sahakar Sangh, KIADB and the State government preferred three SPECIAL LEAVE PETITIONS before the Supreme court of India. Initially subject to the deposit of rupees sixty lakhs the notice was issued by the supreme court to the respondent farmers but on 8thSeptember 2015 while the matter was listed for admission the bench consisting of Justice Mr.Dushyant Dave and Justive Mr.Adarash Kumar Goel outridely dismissed all the three SPECIAL LEAVE PETITIONS filed by the former Bhartiya janata party MLA Abhaykumar Bharamgouda Patil (Belgavi south constituency) on behalf of Pariwartan Alpsankhyatar Krishi Sahkar Sangh, KIADB and the State government.
*Hence the farmers in and around Belgavi city won the battle against land mafia ex mla and administration working under his dictates.
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