K SRINIVAS MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners claim to be the owners of the land bearing Sy.No.59/1 measuring to an extent of 0.04 1/2 guntas situated at Doddathoguru village, Begur Hobli, Bengaluru South Taluk, Bengaluru (hereinafter referred to as 'the land in question' for the sake of convenience).

(2.) According to the petitioners, the land in question along with the surrounding lands were declared as industrial area under Section 3(1) of the Karnataka Industrial Areas Development Act ('the KIAD Act' for short). Thereafter, the State Government issued a preliminary notification on 21.12.2000 under Section 28(1) of the KIAD Act giving a notice of its intention to acquire such lands as they were required for the purpose of an industrial establishment by the Karnataka Industrial Area Development Board (hereinafter referred to as 'the Board'). In pursuance of it, a show cause notice was issued under Section 28(2) of the KIAD Act to the petitioners fixing the date of hearing and calling upon them to show cause why the said land should not be acquired. The petitioners filed detailed objection objecting for acquisition on the ground that their son is an Ayurvedic Doctor and they want to establish a hospital and requested to drop the acquisition proceedings. After enquiry and appropriate order was passed under Section 28(3) of the KIAD Act, a final declaration dated 30.5.2001 was issued under Section 28(4) of the KIAD Act stating that the State Government was satisfied that the lands stated therein should be acquired for the purpose specified in the notification under Section 28(1) of the KIAD Act.

(3.) The petitioners claim that they are in continuous possession of the acquired land. The petitioners claim that no award has been made after final notification and further claim that the acquiring authorities have not followed the provisions of Sections 28(1) to (8), 29 and 30 of the KIAD Act. The petitioners have therefore filed the writ petition in the year 2016 for a declaration that the entire acquisition proceedings relating to the aforesaid land has lapsed on account of no award being passed within two years from the date of final declaration.