Nagamma vs The State Of Karnataka
2023 Latest Caselaw 3739 Kant

                                                     -1-
                                                           NC: 2023:KHC:22269
                                                                 WP No. 12441 of 2023




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 27TH DAY OF JUNE, 2023

                                                  BEFORE
                              THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
                              WRIT PETITION NO. 12441 OF 2023 (LA-KIADB)
                        BETWEEN:

                        1.    NAGAMMA
                              W/O LATE VENKATARAMAPPA,
                              AGED ABOUT 70 YEARS,
                              R/A ADIGANAHALLI VILLAGE,
                              KASABA HOBLI,
                              BAGEPALLI TALUK - 561 207
                              CHIKKABALLAPUR DISTRICT.
                                                                         ... PETITIONER
                        (BY SRI. CHETHAN A C., ADVOCATE)

                        AND:

                        1.    THE STATE OF KARNATAKA
                              REPRESENTED BY ITS
                              PRINCIPAL SECRETARY,
Digitally signed by B         INDUSTRIES AND COMMERCE,
K
MAHENDRAKUMAR                 VIKASA SOUDHA,
Location: High                BENGALURU - 560 001.
Court of Karnataka
                        2.    THE KARNATAKA INDUSTRIAL AREAS
                              DEVELOPMENT BOARD,
                              REPRESENTED HEREIN BY ITS
                              CHIEF EXECUTIVE OFFICER,
                              4TH FLOOR, KHANIJA BHAVAN,
                              RACE COURSE ROAD,
                              BENGALURU - 560 001.

                        3.    THE SPECIAL DEPUTY COMMISSIONER,
                              KARNATAKA INDUSTRIAL AREAS
                              -2-
                                     NC: 2023:KHC:22269
                                       WP No. 12441 of 2023




     DEVELOPMENT BOARD,
     4TH FLOOR, KHANIJA BHAVAN,
     RACE COURSE ROAD,
     BENGALURU - 560 001.

4.   THE SPECIAL LAND ACQUISITION OFFICER,
     KARNATAKA INDUSTRIAL AREAS
     DEVELOPMENT BOARD,
     4TH FLOOR, KHANIJA BHAVAN,
     RACE COURSE ROAD,
     BENGALURU - 560 001.
                                                ... RESPONDENTS
(BY SRI. R. SRINIVASA GOWDA, AGA FOR R1;
    SRI GOPAL V. BILALMANE, ADVOCATE FOR R2 TO R4)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION BEARING NO.CI 532 SPQ 2009, BENGALURU DTD
11.12.2009 ISSUED U/S 28(1) OF THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT ACT, 1966 BY THE R1 IN SO FAR AS THE
PETITIONERS 4 ACRES OF LAND IN SY.NO.222 OF HOSAHUDYA
VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR
DISTRICT IS CONCERNED (ANNEXURE-A) AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                          ORDER

Sri. Gopal V. Bilalmane, learned counsel accepts

notice for respondents 2 to 4. Statement of objections has

also been filed. The same is taken on record.

2. Petitioner along with others are stated to be the

owners of an extent of 4 acres in Sy. No. 222 of

Hosahudya Village, Kasaba Hobli, Bagepalli Taluk,

NC: 2023:KHC:22269 WP No. 12441 of 2023

Chikkaballapur District. It is submitted that the 1 st

respondent issued notification under Section 28(1) of the

Karnataka Industrial Areas Development Act, 1966 (for

short 'the Act') on 11.12.2009 and the Sy. No. 222 and its

sub numbers consisting various extents have been notified

which finds mention at Sl. Nos. 14 to 17 of the Preliminary

Notification at Annexure-A.

3. It is submitted that though the name of

petitioner is not found in the preliminary notification,

petitioner has interest in the said lands in light of the

revenue entries entered in the name of the petitioner

though at a later point of time. Learned counsel for the

petitioner further submits that the acquisition proceedings

have not been concluded or reached finality in terms of

the procedure prescribed under the Act and in light of

lapse of 13 years, failure to exercise power to complete

the acquisition proceedings has conferred vested right in

the petitioner to have a declaration that the acquisition

proceedings has lapsed. Reliance is placed on the

NC: 2023:KHC:22269 WP No. 12441 of 2023

judgment of the Co-ordinate Bench in

W.P.No.10139/2021.

4. It is the contention of the learned counsel for

petitioner Sri. A.C.Chethan, that allowing of the

preliminary notification to stand has the effect of

preventing the petitioner from full enjoyment of title and

rights in the property.

5. Learned counsel for the respondents submits

that it is a fact that no proceedings after the preliminary

notification has been taken due to administrative

difficulties and accordingly, final notification has not been

issued.

6. Heard the learned counsel for both parties.

7. Perused the order dated 25.06.2021 in

W.P.No.10139/2021. It is also noticed that the said writ

petition came to be allowed in the context of the same

preliminary notification. Taking note that no steps have

been taken to conclude the acquisition proceedings by the

NC: 2023:KHC:22269 WP No. 12441 of 2023

respondent - KIADB within a reasonable period of time and

noticing the order in the aforesaid writ petition, petitioner

stands on parity.

8. Accordingly, in light of the stand of the KIADB and

the order of the Co-ordinate Bench, there would be

declaration that the proceedings insofar as the extent of

land in Sy. No. 222 as found in the preliminary notification

has lapsed. Needless to state that the petitioner could take

the benefit of such declaration in an appropriate manner.

9. In light of the above, petition is disposed off.

Sd/-

JUDGE

VP