P PARTHASARATHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This special leave petition is directed against the judgment and order dated 15.6.2011 passed by the Division Bench of the Karnataka High Court affirming the judgment and order passed by the learned Single Judge of the same High Court.

(2.) By the aforesaid order, the High Court where the legality and validity of the final notification dated 6.2.09 issued under sub- section (4) of Section 28 of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as the 'Act') was challenged upheld the validity and legality of the aforesaid notification issued by the respondent/State exercising the powers vested in it under sub-section (4) of Section 28 of the Act.

(3.) The petitioner herein is the owner of survey no. 154/10 measuring about 2 acres at Kengeri village, Kengeri Hobli, Bangalore South taluk. The land of the petitioner was the subject matter of the notification issued by the State of Karnataka. The notification was issued under Section 28(1) of the Act. The petitioner, however, did not file any objection whereupon a final notification under Section 28(4) of the Act was issued, which, however, was challenged before the learned Single Judge of the Karnataka High Court by filing a writ petition, which was registered and numbered as W.P. No. 24867 of 2005.