ACV AERO INDUSTRIES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is one another case of arbitrary treatment and breach of commitment by the State and State-owned Industrial Areas Development Board.

(2.) Heard Shri. S.S. Naganand, learned Senior Advocate for petitioner, Smt. A.R. Sharadamba, learned AGA for State and Shri. Basavaraj V. Sabarad, learned Advocate for Karnataka Industrial Areas Development Board ('KIADB' for short).

(3.) Brief facts of the case are, KIADB issued a preliminary Notification dated August 7, 2006 and final Notification under Section 28(4) of the KIAD Act ('Act' for short) on September 25, 2008 to acquire lands which included 12 acres of land belonging to the petitioner (6 acres in Sy. No.101 and 6 acres in Sy. No.102 of Arebinnamangala village, Jala Hobli, Bangalore North Taluk). Petitioner challenged the acquisition in this Court in Writ Petition No. 14154/2008. KIADB offered to give 6 acres of land to the petitioner in Sy. No.101 subject to petitioner depositing Rs.3 Crores towards cost of development. By decision dated July 23, 2012, this Court has upheld the acquisition and directed KIADB to allot 6 acres in Sy. No.101 and permitted the Board to pass award in respect of 6 acres in Sy. No.102. It is directed that the award amount shall be adjusted towards cost of development. It is made clear that if the award amount were to be more than Rs.3 Crores, the differential amount shall be paid to the petitioner within one month from the date of the award. Similarly, if the award amount were to be less than Rs. 3 crores, petitioner has been directed to pay the difference amount to the Board.