K. KAREHANUMAIAH S/O LATE THAMMAYANNA AND OTHERS ETC. ETC. Vs. GOVERNMENT OF KARNATAKA INDUSTRIES AND COMMERCE DEPARTMENT REP. BY ITS PRINCIPAL SECRETARY AND OTHERS ETC. ETC.

JUDGEMENT

(1.) PETITIONER in W.P. No. 21427 -431/2009 had earlier approached this Court by filing W.P. No. 45932 -33/2003 challenging the acquisition of his lands vide notifications issued under Sections 28(1) & 28(4) of the Karnataka Industrial Areas Development Act (hereinafter referred to as the Act, for short), for the purpose of the Bangalore Mysore Infrastructure Corridor Project (hereinafter referred to as "BMICP', for short). Petitioner claims to be an agriculturist and is the absolute owner of lands bearing Sy. Nos. 6/2. 10/4. 10/5. 10/6 & 64 of Chikkathoguru village. Bangalore South Taluk. The notification under Section 28(1) was issued on 02.06.1999 & 29.01.2003. whereas the notification under Section 28(4) came to be issued on 08.04.2003 and 05.07.2003. It is not in dispute that the challenge made to the acquisition of lands by the petitioner has been dismissed on 28.02.2005. The Apex Court has also confirmed the order of the High Court as regards the acquisition of land. In fact, the Apex Court dismissed the petitions filed by the petitioner as well as other land owners on 20.04.2006 upholding the land acquisition.

(2.) IN W.P. No. 13813 -817/2009, petitioners are the joint owners of land bearing Sy. No. 20 of Pantarapalya measuring 4 acres 1 gunta. The land was proposed to be acquired as per the notification dated 29.01.2003 issued under Section 28(1). This was followed by Section 28(4) notification dated 05.07.2003. The petitioners herein had earlier filed W.P. Nos. 34725 -30/2003 challenging the acquisition of the land in question apart from other lands. The writ petition came to be disposed on 28.02.2005. The writ appeal filed in W.A. No. 659/2004 was dismissed on 28.02.2005. Civil Appeal No. 3853/2005 connected with C.A. No. 38492 -54/2005 also came to be dismissed on 20.04.2006. Review Petition No. 767/2006 filed by the petitioners was also dismissed on 02.11.2006.

(3.) IN W.P. No. 27565 -569/2009, petitioner Nos. 1 and 2 are the owners of land bearing Sy. Nos. 69, 70 and 71/1 of Hosakerehalli village. Bangalore South Taluk and petitioner Nos. 3 to 6 are the purchasers who are in possession and enjoyment of the property. The said lands were proposed to be acquired as per the notification dated 29.01.2003 issued under Section 28(1). This was followed by Section 28(4) notification dated 05.07.2003.