T.N. KRISHNAMURTHY S/O LATE NARASEGOWDA, SRI M. BYREGOWDA S/O LATE MUNIYAPPA @ THOTAPPA AND SMT. JAYAMMA W/O SRI D. RAMAIAH Vs. STATE OF KARNATAKA BY ITS SECRETARY, COMMERCE AND INDUSTRY DEPARTMENT VIDHANA SOUDHA AND THE SPECIAL LAND ACQUISITION

JUDGEMENT

(1.) THE Petitioners have called into question the preliminary notifications, dated 29.11.2004 and 2.07.2006 and the final notifications (declarations), dated 20.04.2005 and 31.01.2007 issued under Sections 28(1) and 28(4) respectively of the Karnataka Industrial Area Development Act, 1966 ('KIAD Act for short) in so far as the notifications pertain to their lands. The lands are acquired for the purpose of establishment of Harohalli and Medamaranahalli Industrial Area.

(2.) SRI Dwarakanath, the learned Counsel for the Petitioners in W.P. Nos. 3064/2008, 14265/2008, 17411/2008, 17412/2008 and 13263/2009 submits that the residential buildings are erected and the trees are grown on the Petitioners' lands. They are basically garden lands. He brings to my notice the joint measurement survey which shows that there are teak, silver oak, and coconut trees, fence, well, etc., On the ground of the existence of trees and houses on the similarly placed lands covered by the same impugned notifications, some lands are deleted from the acquisition proceedings in the order passed by the Special Land Acquisition Officer under Section 28(3) of the Act, so asserts the Petitioners' learned Counsel. He has relied on this Court's decision in the case of Smt. Hanumakka v. State of Karnataka and Ors. in W.P. No. 14371/2006 and connected petitions. He read out paras 13 and 14 of the said order. The said paragraphs are extracted hereinbelow:

(3.) THE next contention raised by Sri Dwarakanath is that the Karnataka Industrial Area Development Board (KIADB for short) is behaving like a real estate agent. It is making money by acquiring and giving the lands to some agencies, which in turn, would allot the industrial plots to others. He read out Clauses 5.2(iii) of the agreement entered into between KIADB and M/s. Karnataka State Printers Association, which reads as follows: