(1.) The petitioner has filed the present writ petition praying to quash the preliminary notification dtd. 2/6/1999, issued by the respondent vide AnnexureB, only to an extent of 13 guntas in Sy.No.50/3 situated at Manganahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk, Bangalore, as the same is lapsed/abandoned in view of Sec. 24(2) of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013.
(2.) Brief facts leading rise to filing of this petition are as under: The petitioner is the absolute owner of land bearing Sy.No.50/3 measuring to an extent of 13 guntas situated at Manganahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk. The said land originally belonged to Sri. Venkatanarasimhaiah & Others and same was purchased by Sri. Maregowda under registered sale deed dtd. 25/2/2004, who in turn has sold the said land in favour of the petitioner under registered sale deed dtd. 31/8/2005. The respondent authority had issued preliminary notification under Sec. 28(1) of the Karnataka Industrial Area Development Act, 1966 ('the KIAD Act' for short), published on 26/6/1999, by proposing the said property for formation of industrial area. The said notification was issued in the name of petitioner's vendor Maregowda. The same was issued to the total extent of land in Sy.No.50/3 measuring 0-24 guntas belonging to the vendor of petitioner. The respondent authority has issued a final notification under Sec. 28(4) of the KIAD Act, published on 12/3/2003. The said final notification with respect to Sy.No.50/3 was only to an extent of 0-5 1/2 guntas. The respondent authority has not issued final notification in regard to the remaining land of 18 1/2 guntas till day, as stipulated under the provisions of the KIAD Act. The petitioner is in possession of the property to an extent of 13 guntas. In view of the preliminary notification issued by the respondent authority, petitioner is not in a position to carry on any development activity in respect of his land. The respondent authority ought to have issued the final notification in respect of Sy.No.50/3 in regard to the remaining area of land shown in the preliminary notification. The respondent authority even after lapse of 22 years, has not taken any steps to issue final notification in respect of the remaining land. Hence this petition on the ground that the proceedings stand lapsed in respect of Sy.No.50/3 to an extent of 13 guntas.
(3.) The respondent filed statement of objections admitting about the issuance of preliminary notification to an extent of 24 guntas and also final notification to an extent of 5 1/2 guntas. Respondent fairly concedes that the respondent authority has not taken steps for issuing final notification in regard to remaining area. Hence the respondent authority prays to dismiss the writ petition.