Karnataka High Court
Smt. Akkayyamma vs State Of Karnataka on 11 July, 2022
Bench: Suraj Govindaraj
-1-
WP No. 12938 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 12938 OF 2022 (LA-KIADB)
BETWEEN:
SMT. AKKAYYAMMA
W/O LATE MUNIYAPPA,
AGED ABOUT 62 YEARS,
R/AT B K HALLI POST,
BADIKODIGEHALLI,
BANGALORE NORTH TALUK,
BENGALURU 562149
...PETITIONER
(BY SRI. SRIHARI A V.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA,
Digitally signed by BENGALURU 560001,
POORNIMA
SHIVANNA REPRESSENTED BY ITS SECRETARY
Location: HIGH
COURT OF
KARNATAKA 2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU 560001,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
3. SPECIAL LAND ACQUISITION OFFICER -2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD, NO 39, SHANTHI GRUHA,
-2-
WP No. 12938 of 2022
BHARATH SCOUTS AND GUIDES BUILDING,
4TH FLOOR, PALACE ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI.NITHYANANDA K.R., AGA FOR R1;
SRI.C.RAMAKRISHNA, ADVOCATE FOR R2 AND R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE PRELIMINARY NOTIFICATION BEARING
NO.CI/422/SPQ/2005 BANGALORE DATED 3.11.2006 VIDE
ANNEXURE - A AND FINAL NOTIFICATION BEARING
O.CI/212/SPQ/2007 BANGALORE DATED 7.5.2007 VIDE
ANNEXURE-B ISSUED BY THE R-1 IN RESPECT OF THE
PETITIONERS LAND BEARING SY NO.40/P30 MEASURING 1
ACRES 20 GUTNAS SITUATED AT BANDIKODIGEHALLI
VILLAGE, JALA HOBLI, BANGLAORE NORTH TALUK AS
ABANDONED LAPSED AND NON-EST AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
a) "Issue a writ in the nature of certiorari or any other writ
or order declaring that the preliminary notification
bearing No.CI/422/SPQ/2005, Bangalore, dated
03.11.2006 vide Annexure-A and final notification
bearing No.CI/212/SPQ/2007, Bangalore, dated
07.05.2007 vide annexure -B issued by the First
WP No. 12938 of 2022
Respondent in respect of the Petitioner's land bearing
Sy.No.40/P30 measuring 1 acre 20 guntas situated at
Bandikodigehalli Village, Jala Hobli, Bangalore North
Taluk as abandoned, lapsed and non-eat;
b) Issue a writ in the nature of certiorari or any other writ
or order quashing the preliminary notification bearing
No.CI/422/SPQ/2005, Bangalore, dated 03.11.2006 vide
annexure-A and final notification bearing
No.CI/212/SPQ/2007, Bangalore, dated 07.05.2007 vide
annexure-B issued by the First Respondent in respect of
the Petitioner's land bearing Sy.No.40/P30 measuring 1
acre 20 guntas situated at Bandikodigehalli Village, Jala
Hobli, Bangalore North Taluk as First and Second
Respondents have not completed the acquisition
proceedings within reasonable time;
c) Issue a writ of mandamus directing the Respondents not
to interfere with the Petitioner's peaceful possession and
enjoyment of schedule property.
d) Grant such other relief as this Hon'ble Court deems fit in
the facts and circumstances of the case, in the interest
of justice and equity"
2. Learned counsel for the petitioner submits that the
petitioner is the absolute owner of land measuring
1 acre 20 guntas bearing Sy.No.40/P30 situated at
Bandikodigehalli Village, Jala Hobli, Bangalore North
Taluk. The same was proposed to be acquired by
notification under Section 28(1) of the Karnataka
Industrial Areas Development Act, 1966 (hereinafter
referred to as the 'KIAD Act' for short) on 03.11.2006
and the final notification came to be issued on
07.05.2007. Despite the lapse of several years, the
WP No. 12938 of 2022
petitioner continuous to be in possession of the property
and cultivate the said property. At the same time,
respondents have not taken any steps to complete the
acquisition proceedings. He therefore submits that the
acquisition process was spent itself and as such the same
requires to be quashed.
3. In this regard, he relies upon the order
passed in WP.No.10583/2016 dated 01.04.2021,
WP.No.22273/2021 dated 21.12.2021, WP.Nos.42663-
42667/2017 dated 06.10.2017 and the judgment of the
Division Bench of this Court in WA.NO.1268/2021 dated
17.03.2022 as also WA.No.6387-6390/2017 dated
07.03.2018 and submits that the very same acquisition
notification has been quashed in respect of the petitioner
therein on the very same grounds urged by the learned
counsel for the petitioner herein. The order of the Division
Bench of this Court has been challenged before the
Hon'ble Apex Court in SLP NO.25239/2018 and the same
has been dismissed vide order 06.08.2018.
WP No. 12938 of 2022
4. Learned counsel for respondent Nos.2 and 3-KIADB
submits that the present petition may also be disposed of
as per the orders passed in the aforesaid writ petitions
and writ appeal.
5. In view thereof, I pass the following:
:ORDER:
a) Writ petition is allowed.
b) Certiorari is issued, the preliminary notification
No.CI/422/SPQ/2005 dated 03.11.2006 and
final notification NO.CI/212/SPQ/2007 dated
07.05.2007 insofar as relating to the land of
acre 20 guntas situated at Bandikodigehalli
Village, Jala Hobli, Bangalore North Taluk is
hereby declared to be abandoned and as such
quashed.
Sd/-
JUDGE
KTY
