IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT W.P.NO.46551 OF 2016 (LA-KIADB) & W.P.NOS.47069-47071 OF 2016 C/W W.P.NO.46552 OF 2016 (LA-KIADB) & W.P.NOS.47490-47492 OF 2016 IN W.P.NO.46551 OF 2016 & W.P.NOS.47069-47071 OF 2016 BETWEEN 1. C.T. KRISHNAMURTHY, S/O CHELUBANDI THIMMAPPA, AGED ABOUT 62 YEARS, AGRICULTURIST, R/O ANNAPOORNESHWARI KRUPA, NEAR NAGARAKATTE, JOGIMATTI ROAD, CHITRADURGA-577501.
2. C.T.JANARDHANA, S/O LATE CHELUBANDI THIMMAPPA, AGED ABOUT 60 YEARS, R/O KARUVINAKATTE CIRCLE, CHITRADURGA TOWN-577501.
3. YASHODA, C/O H.S.CHANDRAPPA, AGED ABOUT 56 YEARS, R/O MEDHARA BEEDHI, WARD NO.12, HOLALKERE POST, HOLALKERE TALUK, CHITRADURGA-577526.
4. SHASHIKALA, D/O LATE CHELUBANDI THIMMAPPA, AGED ABOUT 54 YEARS, R/O THULASI NIVASA, KARUVINAKATTE CIRCLE, CHITRADURGA-577501. ... PETITIONERS (BY SRI. SPOORTHY HEGDE N, ADVOCATE) AND 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE SPECIAL L.A.O., KIADB, BANGALORE, NOW AT PRESENT KIADB, DAVANAGERE-577006.
3. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.49, 5TH FLOOR, KHANIJA BHAVAN, EAST WING, RACE COURSE ROAD, BANGALORE-560001.
REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENTS (BY SRI.DILDAR SHIRALLI, HCGP FOR R1; SRI.P.V. CHANDRASHEKAR, ADVOCATE FOR R2; R3 SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS IN RESPECT OF THE SCHEDULE PROPERTIES OF THE PETITIONER NOTIFIED BY PRELIMINARY NOTIFICATION DATED 22/25-09-1989 AT ANNEX- A AND FINAL NOTIFICATION DATED 12.12.1991 AT ANNEX-B HAVE LAPSED UNDER SEC. 28 (2) & 29 OF THE KIADB ACT AND IS DEEMED TO HAVE LAPSED UNDER SEC. 24(2) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AND ETC.
IN W.P.NO.46552 OF 2016 & W.P.NOS.47490-47492 OF 2016 BETWEEN 1. BASAVARAJU M. R, S/O LATE M. RUDRAIAH, AGED ABOUT 66 YEARS, R/O NEAR SHANKARMATH, VIDYAGIRI, DHARWAD-580001.
2. M.R. PARAMESHWARAPPA, S/O LATE M. RUDRAIAH, AGED ABOUT 62 YEARS, NO.375, KALYAN CO-OPERATIVE HOUSING SOCIETY, NAGADEVANAHALLI, DODDABASTI ROAD, JNANABHARATHI POST, BANGALORE-560056.
3. M.R. ESHANNA, S/O LATE M.RUDRAIAH, AGED ABOUT 58 YEARS, R/O "SHIVAKIRAN", HALBHAVI COLONY, 3RD CROSS, KALYAN NAGAR, DHARWAD-580O7.
4. SMT. SHARAD R GUGGARI, D/O LATE M. RUDRAIAH, W/O SRI. RAJENDRA GUGGARI, AGED ABOUT 52 YEARS, R/O JAMMA MASJID ROAD, GADAG-582101. ... PETITIONERS (BY SRI. SPOORTHY HEGDE N, ADVOCATE) AND 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE SPECIAL L.A.O., KIADB, BANGALORE, NOW AT PRESENT KIADB, DAVANAGERE-577006.
3. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, BY ITS SECRETARY, NO.49, 5TH FLOOR, KHANIJA BHAVAN, EAST WING, RACE COURSE ROAD, BANGALORE-560001. ... RESPONDENTS (BY SRI.DILDAR SHIRALLI, HCGP FOR R1; SRI.P.V. CHANDRASHEKAR, ADVOCATE FOR R2; R3 SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS IN RESPECT OF THE SCHEDULE PROPERTIES OF THE PETITIONER NOTIFIED BY PRELIMINARY NOTIFICATION DTD.22/25.9.1989 VIDE ANNEX-A AND FINAL NOTIFICATION DTD.12.12.1991 VIDE ANNEX-B HAVE LASPED UNDER SEC.28 OF THE KIAD ACT AND IS DEEMED TO HAVE LAPSED UNDER SEC.24[2] OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AND ETC THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioners submits that these Writ Petitions do not survive for consideration. In view of that, the same are disposed off as having become infructuous.
cbc/SJ Sd/- JUDGE