IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.11575/2019 (LA – KIADB) BETWEEN:
M/s BUILDING BUSINESS BUREAU A REGISTERED PARTNERSHIP FIRM, REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT, 1932, AND HAVING ITS OFFICE AT NO.23/1, SONNENAHALLI VILLAGE, BROOKE FIELD, MAHADEVAPURA POST, BENGALURU-560032 REP. BY ITS MANAGING PARTNER Mr. KULKARNI SHESHAGIRI RAO ... PETITIONER [BY SRI SURAJ GOVINDA RAJ, ADV.] AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU-560001 BY ITS PRINCIPAL SECRETARY 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER, # 14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BENGALURU-560001 3. SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NRUPATHUNGA ROAD, BENGALURU-560001 …RESPONDENTS [BY SRI B.J.ESHWARAPPA, AGA FOR R-1;
SRI P.V.CHANDRASHEKAR, ADV. FOR R-2 & R-3..] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 & 3 TO CONSIDER THE LATEST REPRESENTATION AT ANNEXURE-A DATED 02.11.2018 SUBMITTED BY PETITIONER SEEKING DELETION OF "SCHEDULE PROPERTY" i.e., LAND MEASURING 20 ACRES 19 GUNTAS (INCLUDING KHARAB), SITUATED IN SY.NO.24, THOTAGERE VILLAGE, DASANAPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT FROM ACQUISITION NOTIFICATION ISSUED ON 30.01.1997 (ANENXURE-B) UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT, (KIADB) OR WITHDRAWAL OF SAID NOTIFICATION AT ANNEXURE-B DATED 30.01.1997 SO AS TO ENABLE THE PETITIONER TO ENJOY THE SAID LAND PEACEFULLY AND FREE FROM ALL ENCUMBRANCES, ACQUISITIONS, CLAIMS ETC., WITHIN A REASONABLE TIME TO BE FIXED BY THIS HON'BLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a writ of mandamus directing respondent Nos.2 and 3 to consider the representation dated 02.11.2018 seeking deletion of “schedule property” i.e., land measuring 20 acres 19 guntas (including kharab) situated in Sy.No.24, Thotagere Village, Dasanapura Hobli, Nelamangala Taluk, Bangalore Rural District from acquisition notification issued on 30.01.1997 under Section 28(1) of the Karnataka Industrial Area Development Act, 1996 (‘KIAD Act, 1996’ for short) or withdrawal of the said notification dated 30.01.1997 so as to enable the petitioner to enjoy the said land peacefully and free from all encumbrances, acquisitions, claims etc., 2. The petitioner is claiming to be the owner of the land in question which has been acquired by the KIADB by issuing notification under Section 28(1) of the KIAD Act, 1996.
3. It is the grievance of the petitioner that though the preliminary notification was issued on 30.01.1997, in view of no final notification issued in accordance with law, representations were made before the respondents and the same has remained unconsidered. Hence, this writ petition.
4. The learned counsel appearing for respondent Nos.2 and 3 would submit that respondent No.1 is the competent authority to consider the representation of the petitioner and to take a decision in the matter. However, the representation at Annexure – A is dated 02.11.2018 and is addressed to respondent No.3 who may forward it to respondent No.1 for necessary action.
5. In view of the aforesaid, this Court is of the considered opinion that ends of justice would be sub- served in directing respondent No.3 to forward the representation dated 02.11.2018 at Annexure – A to respondent No.1 and a copy of the same be made over to the Secretary, Ministry of Industries and Commerce, Bangalore by the petitioner to enable respondent No.1 to take a decision in the matter in accordance with law. Respondent No.3 shall forward the representations to respondent No.1 forthwith. Respondent No.1 shall take a decision in accordance with law after providing an opportunity of hearing to the petitioner in an expedite manner, in any event, not later than twelve weeks from the date of receipt of the representation.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE PMR