IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.14911 – 14913/2014 (LA – KIADB) BETWEEN:
Mr. TILAK KUMAR S/O LATE Mr. K.N.NETTAKALLAPPA AGED ABOUT 60 YEARS R/AT NO.173 SUBBARAMA CHETTY ROAD BASAVANAGUDI BANGALORE-560004. ... PETITIONER [BY SRI KARAN JOSEPH, ADV.] AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BANGALORE-560001.
2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHAIRMAN 14/3, 2ND FLOOR, R.P. BUILDINGS NRUPATHUNGA ROAD BANGALORE-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 4TH FLOOR, RASHTROTHAN BUILDING WEST WING 1ST FLOOR NRUPATHUNGA ROAD BANGALORE-560001. …RESPONDENTS [BY SRI B.J.ESHWARAPPA, AGA. FOR R-1;
SRI B.B.PATIL & SRI T.SOMASHEKAR, ADVS. FOR R-2 & R-3] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE (i) THE PRLY. NOTIFICATION DATED 23.1.13, & (ii) FINAL NOTIFICATION DATED 13.08.2013, VIDE ANNEXURES-H & K RESPECTIVELY.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the Preliminary Notification No.649 SPQ 2007 dated 23.01.2013 and Final Notification No. NIL dated 13.08.2013 at Annexures – H and K respectively relating to the lands of the petitioner measuring 2 acres 20 guntas in Sy.No.124, 2 acres 33 guntas in Sy.No.125 and 3 acres 24 guntas in Sy.No.126, totally measuring 8 acres 37 guntas, situated at Hoovinayakanahalli Jala Hobli, Bangalore North Taluk.
2. The petitioner is claiming to be the co-owner of the lands mentioned aforesaid and is aggrieved by the Notifications at Annexures – H and K issued under the provisions of the Karnataka Industrial Area Development Act, 1966, (‘Act’ for short).
3. Learned counsel for respondent No.s.2 and 3 has filed additional statement of objections dated 08.07.2019 along with the verifying affidavit of Sri. Anil Kumar, Special Land Acquisition Officer – 2, KIADB, Bangalore. The relevant paragraph No.3 is quoted hereunder for ready reference:-
“3. It is submitted that the petition is premature as the notification under section 28(4) of the KIAD Act, 1966 has not been issued. It is submitted that the impugned proposal at Annexure – K is a proposal to the Government for the issuance of the notification under section 28(4) of the KIAD Act, 1966. It is further submitted that, from the records it can be ascertained that the final notification is yet to be issued and the possession of the said lands have not been taken by the State.”
4. In view of the aforesaid, it is clear that no final declaration under Section 28(4) of the Act has been issued. Indeed, Annexure – K styled as Final Notification by the petitioner dated 13.08.2013 is only a proposal for issuance of the Notification under Section 28(4) of the Act. It is also made clear that no possession of the lands in question have been taken by the State. In such circumstances, it is appropriate to set aside all further proceedings initiated pursuant to the order passed under Section 28(3) of the Act dated 13.08.2013 and is accordingly set aside.
5. The petitioner is at liberty to file reply/objections to the Preliminary Notification dated 23.01.2013 within a period of four weeks from the date of receipt of certified copy of the order. On such reply/objections filed by the petitioner, the same shall be considered by the respondents in accordance with law after providing an opportunity of hearing to the petitioner and decision shall be taken in accordance with law in an expedite manner preferably within a period of eight weeks from the date of receipt of the objections/reply by the petitioner.
With the aforesaid observations and directions, the writ petitions stand disposed of.
In view of disposal of the writ petitions, pending I.A. also stands disposed of.
Sd/- JUDGE PMR