HARIBHAU SIDDAPA PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants are owners of some parcels of lands notified initially u/s. 3 (1) of the Karnataka Industrial Area Development Act, 1966 (for short 'the Act') as per notification No. CI 565 SPQ 2006, Bangalore, dated 06.12.2006 (copy at Annexure-A) and published in the Karnataka Gazette dated 08.12.2006 declaring it as an industrial area for the purposes of the Act. Simultaneously, another notification of even date was issued u/s. 1 (3) of the Act indicating that the provisions of Chapter 7 of this Act was made applicable and the statutory provisions provided for in this Chapter for acquisition and disposal of land so notified will be put into operation. The third notification also came to be issued simultaneously on the very date u/s. 28 (1) of the Act indicating that the very lands are required for the purpose of establishing industries by the 5th respondent - M/s. Parivarthana Alpasankhyatara Agricultural Co-operative Society, Belgaum, and the subject lands are required to be developed for such purpose and are therefore required to be so developed by the Karnataka Industrial Area Development Board (for short 'Board'). A notification was issued by the State Government indicating such purpose for acquiring the subject lands.

(2.) In due course, notices under Section 28 (2) of the Act were served on the owners of the subject lands and the 3rd respondent/Special Land Acquisition Officer heard the landowners personally and also considered their objections dated 11.01.2007 and passed an order on 27.01.2007 (copy at Annexure-B) rejecting all objections raised on behalf of the landowners as not tenable and recommended for putting up the proposal for issue of a declaration by the State Government in terms of sub Section 4 of Section 28 of the Act. While passing the order under sub Section 3 of Section 28 of the Act, the Special Land Acquisition Officer acting as delegate of the powers of the State Government in terms of Rule 14 (1) of the Karnataka Industrial Area Development Rules, 1966 r/w Section 28 (3) of the Act indicated interalia that the subject land in all measuring 13 acres 27 guntas comprised in Sy. Nos. 628, 629 and 630 of Belgaum village, are all part of area coming within the Belgaum Urban Development Authority, were required for establishing industries and therefore acquisition is in public interest and as the said establishment of industry was a very important project of the State Government, passed orders indicating that such of those objections received within the stipulated time were not tenable, that they were all meritless and therefore the objections are required to be rejected and order was passed for acquisition of the land.

(3.) Thereafter, the State Government issued the declaration u/s. 28 (4) of the Act on 19.02.2007 followed by publishing the same in the Karnataka Gazette dated 21.02.2007 (copy at Annexure-J). The landowners were also issued with notices dated 24.02.2007 apprising them that the subject land had vested in the State Government on and after the publication of the declaration u/s. 28 (4) of the Act, that it is vested in the State Government absolutely in terms of sub section 5 of Section 28 of the Act and therefore the owners were required to hand over vacant possession of the land within 30 days from the date of such notices i.e., from 24.02.2007 and in default further action will have to be taken for taking possession of the subject lands, if necessary, by use of force as enabled under sub section 7 of Section 28 of the Act.