Partly allowed

Smt. J Rajeshwari v. State of Karnataka

Karnataka HC3 Nov 2023WP/43332/2019

Case brief

AI extract

What is this about?

The court quashed preliminary and final notifications regarding land acquisition for an industrial project. It held that since owners had sold portions to petitioners after a conversion order, the respondents failed in their duty to notify these purchasers and grant a hearing, violating natural justice principles.

What did the court decide?

Impugned order under Section 28(3) and final notification under Section 28(4) set aside/quashed regarding subject lands; matter remanded for fresh notice and hearing.

Smt. J Rajeshwari Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 43332 OF 2019 (LA-KIADB)

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C/W

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WRIT PETITION NO.14335 OF 2020(LA-KIADB)

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IN W.P.No.43332/2019

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BETWEEN:

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SMT. J RAJESHWARI W/O K.MAHADEVAIAH AGED ABOUT 36 YEARS R/AT YANJALAGERE-572 137 HULIKUNTE HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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SMT.D.SHANTAMMA W/O LATE JAGANNATHA AGED ABOUT 55 YEARS R/AT T.NAGENAHALLI POST 577 599 BHAVAGUNDANA HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT..

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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L.D.SOMASHEKHAR S/O DYAVANNA AGED ABOUT 37 YEARS R/AT LINGADAHALLI KOTTA POST-572 137 SIRA TALUK, TUMKUR DISTRICT.

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NAGARAJU S/O DODDANANJAPPA

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AGED ABOUT 38 YEARS R/AT KEELARADA HALLI GRAMA, HULIDORE POST-572 137 BUSKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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DHANANJAYA S/O HANUMANTAPPA AGED ABOUT 40 YEARS R/AT LINGADAHALLI KOTTA POST-572 137 SIRA TALUK TUMKUR DISTRICT.

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CHANDRAPPA S/O LATE ERANNA AGED ABOUT 58 YEARS RAT GAJAMARANAHALLI, BUNDAKUNTEL POST 57137, SIRA TALUK, TUMKUR DISTRICT.

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K. NAGARAJU S/O LATE KENCHAPPA AGED ABOUT 51 YEARS R/AT OBALIHALLI, TIMALAPURA POST- 572137, DODDERI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT.

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HANUMANTHARAYAPPA K.L S/O LINGANNA, AGED ABOUT 51 YEARS R/AT K.K. PALYA, YANJALAGEREL POST 572135, HULIKUNTE HOBLI, SIRA TLAUK, TUMKUR DISTRICT.

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B.Y. THIPPESWAMY S/O B.Y. RAMALINGAIAH SETTY, AGED ABOUT 50 YEARS RESIDING AT OPPOSITE TO SAPTAGIRI THEATRE, BUKKAPATNA ROAD, SIRA 572137, TUMKUR DISTRICT.

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SMT: T. SUNITA W/O B.Y. THIPPESWAMY AGED ABOUT 45 YEARS, R/AT OPPOSITE TO SAPTAGIRI THEATRE,

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BUKKAPATNA ROD, SIRA 572137, TUMKUR DISTRICT.

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SMT J. JAYALAKSHMAMA W/O GOVINDARAJU, AGED ABOUT 45 YEARS RESIDING AT SIDDAPURA GARAMA, BEVINAHALLI POST 572137, GOWDAGERE HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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SMT LAKSHMAMMA W/O H.T.RANGANATH, AGED ABOUT 40 YEARS RESIDIGN AT HOSAHALLI GRAMA, YAVALADAKI POT 57137, SIRA TALUK, TUMKUR DISTRICT.

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S CHANDRAPPA S/O SIDDANNA @ KOTTIGE SIDDANNA, AGED ABOUT 61 YEARS, RESIDING AT K.K.PALYA, YANJALAGERE POST-572137, HULIKUNTE HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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SATHYANARAYANA H C S/O LATE CHIKKAJANNAPPA, AGED ABOUT 51 YEARS, RESIDIGN AT HONNAPURA-572132, MADHUGIRI TALUK, TUMKUR DISTRICT.

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SMT GAYATRI K R W/O HONNEGOWDA, AGED ABOUT 53 YEARS, RESIDING AT #274, RAILWAY LAYOUT, BOGADI, MYSORE-570 026.

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SMT. MAHALAKSHMI W/O. ESHWARAIAH, AGED ABOUT 57 YEARS R/AT KALIDASANAGARA, SIRA 572137. TUMKUR DISTRICT.

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K T TIMMEGOWDA S/O. TIMMADASAPPA, AGED ABOUT 57 YEARS R/AT KANCHIGANAHALLI, WADDANAHALLI POST SIRA TALUK 572137. TUMKUR DISTRICT.

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RAMESH BABU S/O. R V RATNAM, R/AT MANGALAVADA POST 561202. PAVAGADA TALUK, TUMKUR DIST.

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DASARI ANANDAPPA S/O. DASARI RAMADASA, R/AT BARAGURU 572137. SIRA TALUK, TUMKUR DIST.

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SMT. R G BHAGYALAKSHMI W/O. BHOJARAJU C K, R/AT NO. K. RANGANAHALLI, HOSURU POST, - 572137. GOWDAGERE HOBLI, SIRA TALUK, TUMKUR DIST.

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SMT SIDDAGANGAMMA W/O SANNANAGANNA AGED ABOUT 50 YEARS RESIDING AT, BEVINAHALLI POST 572137, GOWDAGERE HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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B N SANNANGANNA S/O NAGANNA AGED ABOUT 60 YEARS RESIDING AT , BEVINAHALLI POST 572137, GOWDAGERE HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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S SOMASHEKAR S/O LATE S SHVIANNA

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AGED ABOUT 44 YEARS RESIDING AT BALAJI NAGARA SIRA TOWN - 572137 TUMKUR DISTRICT.

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SMT B R SAVITHRAMMA W/O M H RAMALINGAPPA AGED ABOUT 44 YEARS RESIDING AT MOOGANAHALLI GULIGENAHALLI POST - 572137 SIRA TALUK TUMKUR DISTRICT.

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P R SHRIRANGA S/O LATE RANGANATHAPPA AGED ABOUT 50 YEARS RESIDING AT JYOTHINAGARA BEHIND I B SIRA – 572137. TUMKUR DISTRICT.

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H M RAJAPPA

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S/O MODALAPPA AGED ABOUT 39 YEARS RESIDING AT SAJJEHOSALLIL POST - 572112 MADHUGIRI TALUK TUMKUR DISTRICT.

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B L JAGANNATHA S/O B LINGAIAH AGED ABOUT 45 YEARS RESIDING AT BEVINAHALLI POST 572137, GOWDAGERE HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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SMT GURUSHANTAMMA W/O KAVALAPPA AGED ABOUT 63 YEARS RESIDING AT PRASHANTA NILAYA 11^TH CROSS ASHOKANAGARA TUMKUR - 572 102.

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K MADHUSUDHANA S/O KAVALAPPA AGED ABOUT 30 YEARS RESIDING AT PRASHANTA NILAYA 11TH CROSS ASHOKANAGARA TUMKUR – 572102.

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SMT SOUBHAGYALAKSHMAMMA W/O SHIVANNA AGED ABOUT 64 EYARS RESIDING AT # 1004, TUDA LAYOUT

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SIRA GATE TUMKUR – 572102.

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DEVARAJU S/O MUDDANNARA LINGANNA AGED ABOUT 61 YEARS RESIDING AT MUSHTIGARA HALLI BANDAKUNTE POST - 572137 SIRA TALUK TUMKUR DISTRICT.

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ESHWARAIAH S/O SUBBANNA AGED ABOUT 50 YEARS RESIDING AT KALIDASA NAGARA SIRA - 572137 TUMKUR DISTRICT.

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K S NINGAPPA S/O SANNAPPA AGED ABOUT 40 YEARS RESIDING AT KANCHIGANAHALLI - 572115 BUKKAPATNA HOBLI, SIRA TALUK TUMKUR DISTRICT.

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K S MANJUNATHA S/O SANNAPPA AGED ABOUT 38 YEARS RESIDING AT KANCHIGANAHALLI - 572115 BUKKAPATNA HOBLI,SIRA TALUK TUMKUR DISTRICT.

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SMT DEVARAJAMMA H J W/O GOVINDAIAH T AGED ABOUT 38 YEAS, RESIDING AT YARADAKATTE POST - 572115 BYKKAPATNA HOBLI, SIRA TALUK TUMKUR DISTRICT

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SHYAMSUNDAR K S/O R KARIYANNA AGED ABOUT 37 YEARS RESIDING AT JADEGONDANAHALLI

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WADERAHALLI POS T- 572112 MADHUGIRI TALUK TUMKUR DISTRICT.

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SMT K SHARADAMMA W/O K L HANUMANTHARAYAPPA AGED ABOUT 37 YEARS RESIDING AT K K PALYA YANJALAGERE POST- 572135 HULIKUNTE HOBLI,SIRA TALUK TUMKUR DISTRICT.

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KUMAR S/ O HANUMANTAPPA AGED ABOUT 45 YEARS RESIDING AT K K PALYA - 572135 YANJALAGERE HULIKUNTE HOBLI, SIRA TALUK TUMKUR DISTRICT.

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MYLARAPPA S M S/O LATE MYLAPPA AGED ABOUT 40 YEARS RESIDING AT SAKKARA GRAMA - 577598 DHARMAPURA HOBLI,HIRIYUR TALUK CHITRADURGA DISTRICT.

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K R PRAKASH

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S/O K RAMANNA AGED ABOUT 55 YEARS RESIDING AT KATAVEERANAHALLI POST - 572125 KALLAMBELLA HOBLI, SIRA TALUK TUMKUR DISTRICT.

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SMT K R MANJULA W/O KANTARAJU AGED ABOUT 50 YEARS RESIDING AT NEAR ANNAPOORNA TEMPLE MADHAVANAGARA SIRA - 572137 TUMKUR DISTRICT.

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SMT S ASHWATHAMMA W/O LATE HEMA KUMAR, AGED ABOUT 56 YEARS, RESIDING AT TAVAREKERE POST-572 139

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SIRA TALUK TUMKUR DISTRICT.

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K A PRADEEPA S/O LATE ANJANAPPA AGED ABOUT 32 YEARS, RESIDING AT BANNINAGARA SIRA-572137.

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SMT P T SUKANYA W/O S T RAMMANA AGED ABOUT 51 YEARS, RESIDINGA T BHOVI COLONY RANGANATHANAGARA-572 137 SIRA TALUK TUMKUR DISTRICT.

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DEVARAJU S/O AJJANNA AGED ABOUT 46 YEARS, RESIDING AT SHIVANAIAHANA PALYA CHANGAVARA-572 135 SIRA TALUK, TUMKUR DISTRICT

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H NAGARAJU S/O HANUMANTHAPPA AGED ABOUT 33 YEARS, RESIDING AT K K PALYA YANJALAGERE POST 572 113 HULIKUNTE HOBLI, SIRA TALUK TUMKUR DISTRICT.

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GOPALA K R S/O RAMACHANDRAPPA AGED ABOUT 31 YEARS RA/ E-KURUBARAHALLI IKKANURU POST 577511 DHARMAPURA HOBLI HIRIYUR TALUK CHITRADURGA DISTRICT.

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SMT MAMATA H W/O NATARAJU AGED ABOUT 33 YEARS R/A MADENAHALLI GRAMA-572115 BUKKAPATNA HOBLI, SIRA TALUK TUMKUR DISTRICT.

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K L VIRUPAKSHA S/O LINGANNA AGED ABOUT 43 YEARS R/A MADHAVANAGARA SIRA 572137 TUMKUR DISTRICT.

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SMT MAMATA H W/O L R RAVI AGED ABOUT 40 YEARS R/A LAKSHMISAGARA-572137 SIRA TALUK TUMKUR DISTRICT.

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SMT SUMA J R W/O PARAMESHA AGED ABOUT 30 YEARS R/A JYOTHINAGARA SIRA-572137 TUMKUR DISTRICT.

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MALATESHA S/O DODDALINGAPPA AGED ABOUT 32 YEARS, RESIDING AT PATTANAYAKANAHALLI 572135, SIRA TALUK, TUMAKURU DISTRICT.

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Y RAMAKRISHNAPPA S/O LATE DODDAYALAPPA, RETIRED HEAD MASTER, AGED ABOUT 78 YEARS, RESIDING AT JYOTHINAGARA, SIRA-572137,TUMAKURU DISTRICT.

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SMT. PUTTAMMA W/O Y.RAMAKRISHNAPPA, AGED ABOUT 74 YEARS, RESIDING AT JYOTHINAGAR, SIRA-572137, TUMAKUR DISTRICT.

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R RAMAKRISHNAIAH S/O RAMMANNA, AGED ABOUT 52 YEARS, DEARANAKUNTE POST-573113, SIRA TALUK, TUMAKURU DISTRICT.

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SIDDESHAPPA S/O LATE JOGANNA, AGED ABOUT 60 YEARS, RESIDING AT HOSHALLI, YADALADUKU POST 572113 HULUKUNTE HOBLI SIRA TALUK, TUMKUR DISTRICT.

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K.H. RANGANATHA S/O. HANUMANTHAPPA, AGED ABOUT 38 YEARS, RESIDING AT K.K. PALYA, YAJALAGERE POST 572113, HULIKUNTE HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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SMT. SUMITHRA .N W/O. SHIVAKUMAR B.H., AGED ABOUT 29 YEARS, RESIDING AT BHUTAKATANAHALLI, GOWDAGERE HOBLI, BANDAKUNTE POST 572113, SIRA TALUK, TUMKUR DISTRICT.

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DIVYA B.L. W/O. BASAVARAJU, AGED ABOUT 28 YEARS, RESIDING AT BARASIDLAHALLI-572113, TEERTHAPURA, KANDIKERE HOBLI, CHIKKANAYAKANA HALLI TALUK, TUMKUR DISTRICT.

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T S SUSHEELA W/O LATE SHANKARANNA, AGED ABOUT 60 YEARS, RESIDING AT DODDA AGRAHARA 572115, BUKKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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R. UMESH S/O RANGASHYAMAIAH, AGED ABOUT 40 YEARS, RESIDING AT DODDA AGRAHARA 572115, BUKKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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RAMANNA

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S/O ERAKYATAPPA,

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AGED ABOUT 64 YEARS,

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GOPALADEVARAHALLI 572115,

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BUKKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT.

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ANJANEYA S/O JAYARAMA REDDY, AGED ABOUT 47 YEARS, RESIDING AT # 69, 1^ST MAIN,

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OPPOSITE TO RBI LAYOUT, KOTTANURU MAIN ROAD, SANTRUPTINAGAR,

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BANGALORE 560 078.

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SMT SHARADAMMA W/O RANGANATHA, ABOUT 45 YEARS, RESIDING AT BASAVANTANA HALLI 572125, KALLAMBELLA HOBLI, SIRA TALUK,

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TUMKUR DISTRICT.

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…PETITIONERS

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(BY SRI. MANJUNATH PRASAD H N.,ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE,

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VIKAS SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU – 560 001. REPRESENTED BY ITS

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PRINCIPAL SECRETARY.

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KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), KHANIJA BHAVANA, 4^TH & 5^TH FLOOR, RACE COURSE ROAD,

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BANGALORE 560001,

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REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AND AREA DEVELOPMENT BOARD (KIADB) BANGALORE DIVISION, KHANIJA BHAVANA, 4^TH & 5TH FLOOR. RACE COURSE ROAD, BANGALORE – 560 001. …RESPONDENTS

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(BY MISS. M.V. ADITHI, AGA FOR R-1 SRI. ASHOK.N. NAYAK, ADVOCATE FOR R-2 & R3)

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH OF PRELIMINARY BNOTIFICATION, DATED 24.04.2010 AND FINAL NOTIFICATION DATED 19.08.2010 ISSUED BY R-1, WHEREIN , 5 ACRES AND 4 GUNTAS AND 7.05 ACRES OF LAND IN SURVEY NO'S. 158 AND 159 OF MUDIGEREKAWAL, KASABAHOBLI, SIRA TALUK, TUMKUR DISTRICT RESPECTIVELY HAS BEEN ACQUIRED ON THE GUISE OF DEVELOPING INDUSTRIAL AREA AS PER ANNEXURE-A AND B RESPECTIVELY.

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IN W.P.No.14335/2020

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BETWEEN:

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SRI. B.T. NAGARAJU S/O EARANGAPPA AGED ABOUT 35 YEARS.

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SRI. B.E. PRASANNAKUMAR S/O EARANGAPPA AGED ABOUT 36 YEARS.

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BOTH RESIDING AT BEERANAHALLI HULIKUNTE HOBLI, SIRA TALUK TUMKUR DISTRICT – 572 137.

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...PETITIONERS

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(BY SRI. KRISHNA, B.J, ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU – 560 001. REPRESENTED BY ITS

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PRINCIPAL SECRETARY.

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KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), KHANIJA BHAVANA, 4^TH & 5^TH FLOOR, RACE COURSE ROAD, BANGALORE 560001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AND AREA DEVELOPMENT BOARD (KIADB) BANGALORE DIVISION,

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13 -

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KHANIJA BHAVANA, 4^TH & 5TH FLOOR. RACE COURSE ROAD, BANGALORE – 560 001.

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…RESPONDENTS

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(BY MISS. M.V. ADITHI, AGA FOR R-1 SRI. ASHOK.N. NAYAK, ADVOCATE FOR R-2 & R3)

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF PRELIMINARY NOTIFICATION, DATED 24.04.2010 AND FINAL NOTIFICATION DATED 19.08.2010 ISSUED BY ISSUED BY THE RESPONDENTS IN CI 407 SPQ 2010 DTD 19.08.2010, WHEREIN 5 ACRES AND 4 GUNTAS AND 7.05 ACRES OF LAND IN SY.NO.158 AND 159 OF MUDIGEREKAWAL, KASBA HOBLI, SIRA TALUK, TUMKUR DISTRICT RESPECTIVELY, IN PARTICULAR, HAS BEEN ACQUIRED IN THE GUISE OF DEVELOPING INDUSTRIAL AREA VIDE ANNX-A AND B RESPECTIVELY SO FAR AS SUBJECT SITES ARE CONCERNED

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THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In both these petitions, the petitioners have challenged the Preliminary Notification dated 24.04.2010 and Final Notification dated 19.08.2010 passed by the respondents under Section 28(1) and 28(4) of the Karnataka Industrial Areas Development Act, 1966 (for short, ‘the KIAD Act’), whereby the lands bearing Sy.No.158 measuring 5 acres 4 guntas and Sy.No.159 measuring 7.05 acres situated at Mudigerekaval Village, Kasaba Hobli, Sira Taluk, Tumkur District, were sought to be acquired for industrial purposes by the respondents.

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Since common issues of law and fact arise for consideration in both the petitions, they are taken up together and disposed of by this common order.

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The petitioners contend that the subject lands

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bearing Sy.Nos.158 and 159 measuring 9 acres 20 guntas originally belonging to M.H.Thimmaraju and others were converted into non-agricultural purpose vide conversion order dated 06.07.2009 passed by the jurisdictional Deputy Commissioner diverting / converting the lands for nonagricultural residential purposes. It is contended that pursuant to the said conversion order, a layout comprising of residential sites was formed in the subject lands and the petitioners are purchasers of various sites in the said layout. On 24.04.2010, the respondents issued Preliminary Notification under Section 28(1) of the KIAD Act notifying the subject lands and other lands for acquisition for industrial purposes. While some of the petitioners had purchased their respective portions in the subject lands during 2009-10 prior to issuance of the aforesaid Preliminary Notification dated 24.04.2010 the rest of the petitioners, purchased their portions from their predecessors-

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in-title, who had also purchased the same prior to the Preliminary Notification.

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In pursuance of the Preliminary Notification dated 24.04.2010, the respondents passed an order dated 24.07.2010 under Section 28(3) of the KIAD Act, which was followed by a Final Notification dated 19.08.2010 under Section 28(4) of the KIAD Act passed by the respondents.

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It is the specific contention of the petitioners that despite the subject lands having already been converted and a residential layout comprising of sites having been formed and sold in favour of the petitioners and their predecessors-in-title prior to issuance of the Preliminary Notification, the respondents neither issued notice or notified them nor provided any opportunity to the petitioners and their predecessors-in-title nor heard them before passing the aforesaid order under Section 28(3) of the KIAD Act and has illegally, arbitrarily and in violation of principles of natural justice and without complying with the procedure prescribed under Sections 28(2) and (3) of the KIAD Act, passed the Final Notification which deserves to be quashed.

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5.1 It was contended that the Report under Section 28(3) of the KIAD Act dated 24.07.2010 indicates that the petitioners had not been notified and it was only the previous

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owners who had been shown as the khatedars / anubhavadars and except stating that the subject lands were required for the Golden Corridor Project, no other reasons had been assigned as to why the acquisition proceedings cannot be dropped. It was also contended that there were several other infirmities of law and fact in the proceedings and report under Section 28(2) and (3) of the KIAD Act as well as the Final Notification which would vitiate the same and an opportunity is to be provided to the petitioners to file their objections, documents, etc., to the Preliminary Notification and participate in the proceedings under Section 28(3) of the KIAD Act, by setting aside the Report and Final Notification under Sections 28(3) and (4) of the KIAD Act and by remitting the matter back to the SLAO for reconsideration afresh in accordance with law.

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The respondents have opposed the petitions and

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have contended that apart from the fact that the procedure

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under Section 28(2) and (3) of the KIAD Act had been followed before issuance of Final Notification, some of the petitioners had purchased their respective portions after issuance of the Preliminary Notification and as such, they had no locus standi to prefer the present petitions. It was therefore contended that there was no merit in the petitions and the same were liable to be dismissed.

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A perusal of the material on record will indicate that the petitioners have produced the conversion order dated 06.07.2009, which indicates that out of the total extent of the subject lands in Sy.Nos.158 and 159 measuring 12 acres 9 guntas, an extent of 9 acres 20 guntas had been converted for non-agricultural residential purposes and the petitioners and their predecessors-in-title had purchased portions of the subject lands prior to issuance of the Preliminary Notification dated 24.04.2010. The Preliminary Notification clearly indicates that it is only the original land owners, who have been shown as khatedars / anubhavadars and have been purportedly / allegedly notified by the respondents and neither the names of the petitioners nor their predecessors-in-title

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have been shown in the Preliminary Notification nor any notices under Section 28(2) of the KIAD Act had been issued to them nor have they been heard or any opportunity been provided to them prior to passing of the Report under Section 28(3) and the Final Notification under Section 28(4) of the KIAD Act.

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In this context, it is relevant to state that though the respondents contend that since the names of the original land owners continued in the revenue records, there was no occasion to show the names of the petitioners and their predecessors-in-title in the Preliminary Notification and hear them, the said contention cannot be accepted, since it was the duty of the revenue authorities to make necessary entries in the revenue records maintained under the Karnataka Land Revenue Act, 1964 pursuant to the conversion order, especially when the same had also been passed by the Deputy Commissioner under Section 95 of the said Act. At any rate, in the light of the undisputed fact that the petitioners and their predecessors-in-title claim to have purchased portions of the subject lands prior to issuance of the

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Preliminary Notification dated 24.04.2010, it was incumbent upon the respondents to notify and issue notice under Section 28(2) of the KIAD Act prior to passing a report under Section 28(3) and Final Notification under Section 28(4) of the KIAD Act. Under these circumstances, in order to provide one more opportunity to the petitioners to put-forth all their contentions and to contest the acquisition proceedings and object to the Preliminary Notification on merits, I deem it just and appropriate to set aside the impugned order dated 24.07.2010 issued Section 28(3) of the KIAD Act and the Final Notification dated 19.08.2010 issued under Section 28(4) of the KIAD Act and remit the matter back to the concerned respondents for

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reconsideration afresh in accordance with law.

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In the result, I pass the following:

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ORDER

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(i) Both the petitions are hereby allowed.

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(ii) The impugned order dated 24.07.2010 passed by

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the SLAO under Section 28(3) of the Karnataka Industrial Areas Development Board Act, 1966, is hereby set aside in so far as the subject lands of the petitioners are concerned.

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20 - NC: 2023:KHC:39319 WP No. 43332 of 2019 C/W WP No. 14335 of 2020

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(iii) Consequently, the impugned final notification dated 19.08.2010 passed under Section 28(4) of the KIADB Act is also hereby quashed insofar as it relates to subject lands of the petitioners are concerned.

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(iv) Matter is remitted back to the concerned respondents for re-consideration afresh insofar as the subject lands of the petitioners are concerned in accordance with law as expeditiously as possible.

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(v) The concerned respondents shall notify / issue

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notice to all the petitioners and provide them sufficient and reasonable opportunity and hear them and pass appropriate orders in accordance with law.

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(vi) Liberty is reserved in favour of the petitioners to submit pleadings, objections, documents, etc., before the concerned respondents, who shall consider the same and proceed to pass appropriate orders in accordance with law.

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(vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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Sd/- JUDGE

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DHA/SV

Smt. J Rajeshwari v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. J Rajeshwari v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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