AHUJA INDUSTRIES LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The instant appeal seeks to assail the judgment and order dated 1st February, 2001 passed by the Division Bench of the Karnataka High Court in Writ Appeal No. 570 of 2001, (hereinafter referred to as "the impugned order") upholding the order of the single Judge in dismissing the writ petition filed by the appellant challenging the acquisition proceedings initiated under the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as "the Act") including Survey No. 6 (with which the appellant is concerned) measuring 1 acre 30 guntas. The appellant is aggrieved not only with the acquisition proceedings but also with the manner in which the acquisition proceedings have been commenced and proceeded with under the Act. According to him the mandatory requirements for the declaration of the industrial area as well as issuance of a show cause notice to the appellant to file objections have not been complied with.

(2.) Before adverting to the points raised in this appeal it would be necessary to enumerate the basic facts, which are as under : On 10th February, 1993 appellant purchased land admeasuring 1 acre 30 guntas bearing Survey No. 6 by registered sale deed located at Krishna Sagar village, Attibele Hobli, Anekal Taluk, Bangalore Urban District from Khujam and Rahmath Shariff. According to the appellant he was put in possession of the said land from the date of sale. However, his name was not shown in the revenue record as the land had not been mutated in his name in the record. The name of one Jacob who had sold the land to the Vendor of the appellant is shown in the revenue record.

(3.) The said land and surrounding lands were acquired for the purpose of industrial development under preliminary notification dated 3rd October, 1997 (Gazetted on 30th October, 1997) issued under Section 28(1) of the Act and final declaration dated 21st April, 1998 (Gazetted on 23rd April, 1998) issued under Section 28(4) of the Act.