BANGALORE WATER SUPPLY AND SEWERAGE BOARD Vs. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE

JUDGEMENT

(1.) In this intra court appeal under Section 4 of the Karnataka High Court Act, the appellants have assailed the validity of the order dated 15.12.2016 passed by the learned Single Judge, by which writ petition preferred by the respondents, in which reliefs were sought for quashment of preliminary Notification dated 06.02.2006 and final Notification dated 17.12.2017 initiated by the appellant herein under the provisions of the Karnataka Industrial Area Development Act, 1966 (hereinafter referred to as 'the Act' for short) has been allowed. In order to appreciate the appellants challenge to impugned order, few facts need mention, which are stated hereinafter:

(2.) The respondents are owners of different survey numbers of village situated in Amani Khane Bellandur Village, Varthur Hobli, Bangalore East Taluk. The aforesaid land was required for sewage treatment plant. Therefore, the proceeding under the Act were set in motion and a preliminary Notification dated 06.02.2006 which was published in the gazette dated 08.02.2006 under Section 28(1) of the Act. Thereafter, a final Notification under Section 28 of the Act was issued on 17.12.2007, which was published in the gazette on 18.12.2007. The respondents challenged the validity of the Notifications and the award passed under the Act on the ground that neither any compensation was paid to the respondents nor possession of the lands in question was taken from them. Therefore, the proceeding under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the 2013 Act' for short) has lapsed. The learned Single Judge by an order dated 15.12.2016 has allowed the writ petition. In the aforesaid factual background, this intra court appeal has been filed.

(3.) We have heard the learned counsel for the parties at length. The Final Notification was issued on 17.12.2007. The writ petitions were filed on 6.11.2014 i.e., after a period of 7 years from the date of issuance of the final Notification.