Allowed

Sri. Basavaraju. E v. State of Karnataka

Karnataka HC13 Nov 2024WP/28111/2024

Case brief

AI extract

What is this about?

Petitioners challenged a 1974 notification issued under Section 3 of the KIADB Act in respect of their land; no further acquisition steps followed. The High Court quashed the notification to the extent it covered petitioners' land and allowed the writ petition.

What did the court decide?

Notification dated 19.05.1974 (Annexure-A) quashed insofar as petitioners' land is concerned; writ petition allowed.

Sri. Basavaraju. E Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:46072 WP No. 28111 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2024

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 28111 OF 2024 (LA-KIADB)

¶5

BETWEEN:

¶6

SRI. BASAVARAJU E, S/O. LATE ERAIAH, AGED ABOUT 61 YEARS, NO. 23, 2ND CROSS, 4TH MAIN, PADUVARALLI, MYSORE - 570 012.

¶7

SRI. NARAYANA V, S/O. LATE VENKATAPPA M.K, AGED ABOUT 63 YEARS, NO. 570, 3RD CROSS, KAAMAATAGERI, NAJARBAADH, MYSORE - 570 010.

¶8

Digitally signed by SHARMA ANAND CHAYA

¶9

Location: High Court of Karnataka

¶10

(BY SMT. KUSUMA M., ADVOCATE)

¶11

AND:

¶12

…PETITIONERS

¶13

STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, M.S. BUILDING, BANGALORE - 560 001.

¶14

THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, RASTROTHANA BUILDING, NEAR RESERVE BANK, NRUPATHUNGA ROAD, BENGALURU - 560 001, REPRESENTED BY ITS CHAIRMAN.

¶15

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA

¶16

¶17

NC: 2024:KHC:46072 WP No. 28111 of 2024

¶18

DEVELOPMENT BOARD (KIADB), MYSORE ZONE, K.R.S. ROAD, MYSORE - 570 016.

¶19

…RESPONDENTS

¶20

(BY SRI. RAVINDRANATH B., AGA FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)

¶21

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTIFICATION DATED 19.05.1974 BEARING NO. PART IV -20(1) KARNATAKA GAZETTE, SEPT,26,1974 (3404) ISSUED BY THE R-1 AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONERS IS CONCERNED AND ETC.

¶22

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶23

CORAM: HON'BLE MR JUSTICE E.S.INDIRESH

¶24

ORAL ORDER

¶25

Heard Smt.Kusuma M., learned counsel appearing for the petitioners and Sri.P.V.Chandrashekar learned counsel appearing for respondent Nos.2 and 3.

¶26

In this writ petition, petitioners are assailing the notification dated 19.05.1974 (Annexure-A) issued by the Government under Section 3 of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'Act').

¶27

It is the grievance of the petitioners that though the subject matter land is the part of the aforementioned

¶28

3 - NC: 2024:KHC:46072 WP No. 28111 of 2024

¶29

notification issued by respondent-State under Section 3 of the Act and further petitioners have purchased the land as per registered sale deed dated 14.08.2024. It is further stated in

¶30

the writ petition that, though the respondent authorities have issued notification at Annexure-A, as for as five decades ago,

¶31

no further action has been taken in respect of the land in question. Accordingly, I have taken note of the submission made by the learned counsel for the parties. Though the respondent authorities have stated in the statement of objection that respondent authorities have not issued Preliminary Notification as required under Section 28(1) of the Act and Final Notification under Section 28(4) of the Act, in view of the existence of the notification at Annexure-A which could be impediment for the petitioners to develop the land or to take any decision in the matter insofar as the land in question.

¶32

In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioners and as such the impugned notification dated 19.05.1974 (Annexure-A) is required to be quashed.

¶33

¶34

NC: 2024:KHC:46072 WP No. 28111 of 2024

¶35

In the result I pass the following:

¶36

ORDER

¶37

Writ petition is allowed .

¶38

Notification dated 19.05.1974 (Annexure-A) passed by respondent No.1 is hereby quashed insofar as the land belonging to the petitioners are concerned.

¶39

SD/(E.S.INDIRESH) JUDGE

¶40

GPG List No.: 1 Sl No.: 54 CT: BHK

Sri. Basavaraju. E v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Basavaraju. E 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

Case details

All orders in this case

Similar cases

Karnataka State Road Vs the Assistant Provident

Smt Jayamma Vs the State of Karnataka

Jemcy Ponnappa C P Vs State of Karnataka

Smt Punitha M Vs the State of Karnataka

Sri. Thimmanaika Vs the State of Karnataka

Smt. Geedamma Alias Lingamma Vs State of Karnataka