MUNIKEMPAIAH BANGALORE SOUTH TALUK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present writ petition brings out in a vivid manner as to how the State and its revenue officials have been misusing the power under the provisions of not only the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') but also powers under the provisions of the Karnataka Land Revenue Act, 1964 (for short 'the KLR Act').

(2.) Writ Petitioner claims to be a person of 98 years and has interest in old Sy. No 76, new Sy. No. 76/1 measuring an extent of 2 acres 11 guntas at. Hemmigepura Village, Kengeri Hobli, Bangalore South Taluk.

(3.) The version of the Petitioner is that though he had acquired the extent of 2 acres 30 guntas in this survey number by way of inheritance and out of this extent, an extent of 10 guntas was acquired by the Karnataka Industrial Areas Development Board, which is not in dispute as it appears that in this survey number the State had acquired an extent of 1 acre 8 guntas of land including 3 guntas of kharab land which was spread over the extent of holdings in the name of three persons, namely, the Petitioner contributing 10 guntas of regular land and 11/2 guntas of kharab, one Muniramaiah contributing 29 guntas of the main land and 11/2 guntas of kharab and Anr. Puttaiah contributing 6 guntas in all making 48 guntas as per the final notification issued under Section 28(4) of the KIAD Act in the year 2003 and it is also not in dispute that the respective land owners had in fact surrendered the notified extent of land in favour of the authorities after a joint survey and in pursuance of the notice issued under Section 28(6) of the KIAD Act as per mahazar drawn on 10.12.2003.