ROY RODRIGUES Vs. THE GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961 the appellant has assailed the validity of the order dated 01.07.2009 passed by the learned Single Judge by which challenges were made to the Notification dated 25.11.2005 as well as the subsequent allotment of the sites made in favour of respondent Nos.3 and 4 has been repelled by learned Single Judge and the writ petition preferred by the appellant has been dismissed. In order to appreciate the appellant's challenge to the impugned order, relevant facts need mention which are stated hereinafter.

(2.) The appellant purchased 2 acres and 23 guntas of land of Survey No.225 situate at Banandur Village, Bidadi Hobli, Ramanagara Taluk, by registered sale deed dated 16.10.1995. The land of the appellant measuring 2 acres and 23 guntas as well as 1,884 acres of land was required for formation of industrial layout. Thereupon a preliminary notification under section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act1 for short) was issued on 15.04.1997, by which the land of appellant as well as the land measuring 1,884 acres was sought to be acquired for formation of industrial layout. Thereafter, the aforesaid Notification was published in daily "Prajavani" dated 30.04.1997, by which objections were invited in respect of acquisition of land in question. The appellant did not prefer any objection in response to the aforesaid Notification. On 19.05.1997, notice of personal hearing was sent to the appellant under certificate of posting and thereafter, another notice was sent on 09.06.1997 under certificate of posting to the appellant. All the aforesaid notices were in respect of land measuring 2 acres and 23 guntas and were not received back by the Karnataka Industrial Area Development Board (hereinafter referred to as 'the Board1 for short).

(3.) A declaration under section 28(4) of the Act was issued on 03.04.1998, by which only 21 guntas was sought to be acquired. Thereafter, on 04.04.1998 the Board acquired 21 guntas of land and on 15.05.1998 the appellant handed over the possession of 21 guntas of land. The appellant thereafter, submitted a representation on 23.12.1999, in which inter alia it was stated that though in the Notification issued under Section 28(1) of the Act on 31.01.1998, land measuring2 acres and 23 guntas was mentioned but declaration under Section 28(4) of the Act has been issued only in respect of land measuring 21 guntas. It was further stated that either suitable orders be passed to release the land or action should be taken to make immediate arrangement for payment of compensation. The State Government thereafter, issued a declaration on 25.11.2005 in respect of the land measuring 219 acres and 11 guntas, which included the land of the appellant measuring 2 acres and 2 guntas. The lands of the appellant were allotted to respondent No.4 and respondent No.3 respectively on 19.03.2008 and 28.03.2008 for setting up of an industry. The appellant thereafter, filed a writ petition on or about 18.02.2009, in which a writ of certiorari was sought seeking quashment of declaration issued under Section 28(4) of the Act. The appellant also sought a writ of mandamus directing the Board to revoke the orders of allotment of sites in favour of respondent Nos.3 and 4 and to de-notify land measuring 2 acres and 2 guntas. The aforesaid writ petition was dismissed by learned Single Judge vide order dated 01.07.2009. In the aforesaid factual background, this appeal has been filed.