IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION No.12453/2017 AND WRIT PETITION Nos.12457-12461/2017, WRIT PETITION No.12465/2017 (LA-KIADB) BETWEEN:
1. SMT. S. JALAJA W/O. N. MALLIKARJUNAIAH, AGED ABOUT 38 YEARS, R/AT KUVEMPU NAGARA, ‘SUKADA NILAYA’, TUMKUR – 572 102. PETITIONER IN W.P.NO.12453/2017 2. SMT. ALUMELAMMA W/O. LATE SANNA GOVINDAPPA, AGED ABOUT 60 YEARS, R/AT THIPPEDASARAHALLI KORA HOBLI, HALDODDERI POST TUMKUR TALUK & DIST. – 572 128. PETITIONER IN W.P.NO.12457/2017 3. SMT. SAUBHAGYAMMA D/O. MUDLAGIRIYAPPA AGED ABOUT 36 YEARS, R/AT THIPPEDASARAHALLI KORA HOBLI, HALDODDERI POST, TUMKUR TALUK & DIST. – 572 128. PETITIONER IN W.P.NO.12458/2017 4. SRI T.G. RAJANNA S/O. LATE GOVINDAPPA AGED ABOUT 47 YEARS, R/AT THIPPEDASARAHALLI KORA HOBLI, HOALDODDERI POST, TUMKUR TALUK & DIST. – 572 128. PETITIONER IN W.P.NO.12459/2017 5. SRI SIDDAPPA S/O. KARIYANNA AGED ABOUT 62 YEARS, R/AT KOLALUKUNTE KORA HOBLI, HALDODDERI POST, TUMKUR TALUK & DIST. 572 128. PETITIONER IN W.P.NO.12460/2017 6. SRI KARIBASAVAIAH S/O. KARIYANNA, AGED ABOUT 60 YEARS, R/AT KOLALUKUNTE KORA HOBLI, HALDODDERI POST, TUMKUR TALUK & DIST. - 572 128. PETITIONER IN W.P.NO.12461/2017 7. SRI DODDA CHINNAPPA S/O. MELGIRIYAPPA, AGED ABOUT 58 YEARS, R/AT THIPPEDASARAHALLI KORA HOBLI, HALDODDERI POST, TUMKUR TQ. & DIST. – 572 128. PETITIONER IN W.P.NO.12465/2017 (THE ABOVE PETITIONERS ARE PETITIONER NOS.1, 4, 5, 6, 7, 8 AND 10 IN THE MAIN PETITIONS, I.E., W.P.NOS.12453-12565/2017) (BY SRI RAJESWARA P.N., ADVOCATE) AND:
1. UNION OF INDIA MINISTRY OF RURAL DEVELOPMENT GOVERNMENT OF INDIA KRISHI BHAVAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI – 110 001 BY ITS SECRETARY.
2. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, DR. B.R. AMBEDKAR BEEDI, VIKAS SOUDHA, BANGALORE – 560 001 REP. BY ADDITIONAL CHIEF SECRETARY.
3. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, III & IV FLOORS, KHANIJA BHAVAN RACE COURSE ROAD, BANGALORE – 560 001 REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.
4. THE SPECIAL LAND ACQUISITION OFFICER–NIMZ KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, MARUTHI TOWERS, 1ST FLOOR, NEXT TO SIT COLLEGE, B.H. ROAD, TUMAKOORU – 572 102. ... RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-2; SRI ASHOK HARANAHALLI, SENIOR ADVOCATE A/W SRI B.B. PATIL, ADVOCATE FOR R-3 AND R-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS CONTAINED IN CHAPTER VII OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 ARE VOID AS THEY ARE REPUGNANT TO THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (CENTRAL ACT NO.30/2013) OR IN THE ALTERNATIVE ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THAT THE PROVISIONS OF SECTION 28(4) AND (5) OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 ARE UNCONSTITUTIONAL AND VIOLATIVE OF FURTHER PROVISO TO ARTICLE 31A OF THE CONSTITUTION OF INDIA AND ETC., THESE PETITIONS COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners submits that I.A.No.1/2019 suffers from technical defects. His submission is placed on record. I.A.1/2019 is dismissed as withdrawn.
2. In the meanwhile learned senior counsel for Respondents 3 and 4 submits that in the absence of any challenge made to the final notification, challenge to preliminary notification only is not maintainable. He submits that the writ petitions may be dismissed as not maintainable in view of the judgment of the Hon’ble Supreme Court on the said point.
3. By way of reply, learned counsel for the petitioners submits that permission may be granted to the petitioners to withdraw these writ petitions with liberty to file fresh comprehensive writ petitions challenging both preliminary and final notifications.
4. In the circumstances, the writ petitions are dismissed as withdrawn reserving liberty to the petitioners to assail the preliminary and final notifications issued in respect of the subject lands, if the petitioners are so advised.
5. In view of the dismissal of the writ petitions, all pending I.As are disposed off.
Sd/- JUDGE nm