N RAJANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) Whether the Division Bench of the High Court of Karnataka could modify order dated 13.2.2009 passed by the learned Single Judge in Writ Petition No. 15348/2008 without issuing notice and giving opportunity of hearing to the appellants, who claim to have right over the land sought to be acquired by the State Government on behalf of respondent No. 3 and who were represented before the learned Single Judge through an advocate is the question which arises for consideration in these appeals filed against order dated 17.4.2009 passed by the Division Bench in Writ Appeal No. 1295/2009.

(3.) Respondent No. 3 filed an application under the Karnataka Industries (Facilitation) Act, 2002 (for short, 'the Facilitation Act') for approval of its proposed project which included Tourist Complex, Commercial Space, Financial Hub, Research and Development Facility with Residential Condominium, Service Apartments and Medical City to be set up in Chalamakunte village, Chikkajala Hobli, Bangalore North Taluk on land measuring 500 Acres. On coming to know of the application made by respondent No. 3 for acquisition of land for its project, the appellants and others filed objections dated 30th May, 2007 by asserting that their claim for grant of occupancy rights over a portion of the land sought to be acquired was pending before the competent authority, which is required to decide the matter in compliance of the direction given by the High Court in Writ Petition Nos. 33954 and 41207 of 1982.