K BALAKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners herein have questioned the validity of notifications dated 11-4-1995 and 11-9-1997 (Annexures-A and C) issued under subsections (1) and (4) of Section 28 of the Karnataka Industrial Areas development Act, 1966 (Karnataka Act No. 18 of 1966) (in short, "the act") by which the lands of the petitioners have been acquired for the purpose of 'development' within the meaning of clause (5) of Section 2 of the Act.

(2.) THE petitioners herein are the joint owners of land bearing No. 458/2, measuring 3 acres 4 guntas of Bhyridevarakoppa, Hubli Taluk, dharwad District. The State Government had issued the preliminary notification dated 11-4-1995 (Annexure-A) under Section 28 (1) of the Act declaring its intention to acquire certain extents of land including those of the petitioners. Subsequent to publication of the notification, the 2nd respondent-Special Land Acquisition Officer served notice upon the petitioners, who are the owners of the land sought to be acquired. The petitioners were admittedly served with the notice as contemplated under sub-section (2) of Section 28 for filing their objections and for being heard at 11 a. m. on 15-5-1995. Pursuant to the said notice, the petitioners filed their objections through their Counsel which is placed at Annexure-B. Thereafter, upon the request of the petitioners and other landowners and their Advocates, a spot inspection of the lands in question was also held by the 2nd respondent-Special Land Acquisition Officer on 24-4-1997. After consideration of such objections and conducting spot inspection, orders for acquiring the lands was passed and final notification to that effect was published. Therefore, the plea of the petitioners that they were not granted an opportunity of hearing as per sub-section (2) of Section 28 of the Act is unmerited and accordingly rejected.

(3.) THE other ground taken for assailing the acquisition proceedings is that though the declaration under Section 28 (5) of the Act was published in the Official Gazette on 11-9-1997, no award has been made within two years thereof. Therefore, in view of Section 11-A of the Land Acquisition Act, 1894 (in short, "the L. A. Act") read with Section 30 of the Act, acquisition proceedings have lapsed.