V. LAKSHMINARAYAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner herein has sought for writ of mandamus directing the respondent-Karnataka Industrial Areas Development Board to extend the benefit of allotment of alternative developed land as per the Government Order dtd. 23/2/2021 in lieu of acquired land, belonging to the petitioner to an extent of 75,000 square feet, and such other reliefs.

(2.) It is the case of the petitioner that the respondent- Karnataka Industrial Areas Development Board (for short hereinafter referred to as "Board") has initiated acquisition proceedings for acquisition of 988 acres 6 guntas of land including the land bearing survey No.68/1, 235 to 237 of Rajapura village, Jigani Hobli, Anekal Taluk and as such, issued preliminary notification dtd. 19/4/1997 under Sec. 28(1) of the Karnataka Industrial Area Development Act, 1966, (for short hereinafter referred to "KIAD Act"). The petitioner herein, has purchased the land bearing survey No.235, 236, 237 and Survey No.68/1, notified in the Preliminary Notification on 7/8/1997. Thereafter, the respondent-Board issued Final Notification 20/7/1999 under Sec. 28(4) of the KIAD Act acquiring 476.38.5 acres of land excluding the land belonging to the petitioner. In furtherance of the same, the petitioner got converted the land from agriculture to non- agriculture/residential purposes to develop layout, after obtaining plan sanction from BMRDA. In the meanwhile, the respondent-Government issued one more Final Notification dtd. 26/4/2002 under Sec. 28(4) of the KIAD Act, notifying the land belonging to the petitioner to an extent of 6.37 acres as per Annexure-C. The petitioner has challenged the aforementioned acquisition proceedings in Writ Petitions No.26821-24 of 2003 before this Court, and this Court, by order dtd. 6/6/2003 dismissed the petitions. The respondent- Board had taken possession of the land in question as per Sec. 28(6) and (7) of the KIAD Act. Thereafter, the petitioner made a representation to the respondent-Board, seeking reconveyance of the land and same was accepted by the respondent-Board as per the Resolution dtd. 30/1/2006. In the meanwhile, the general award was passed on 30/3/2006 and same was approved by the Government on 6/12/2006. Reference before the Civil Court was made in LAC No.5 of 2018 for disbursement of the compensation. In the meanwhile, the challenge made to the acquisition proceedings has reached finality in view of order passed by this Court, which came to be confirmed by the Hon'ble Apex Court, in appeal. The grievance of the petitioner that the request made by the petitioner for extending the benefit for grant of developed land in terms of Government Order dtd. 23/2/2021 (Annexure-G2) is yet to be considered by the respondent-Board and as such, presented this Writ Petition seeking writ of mandamus against the respondent-Board for consideration of the same.

(3.) The Respondent-Board has filed statement of objection, contending that the representation made by the petitioner cannot be considered, as the Government Order dtd. 23/2/2021 is applicable only to running/ongoing industrial areas and the land sharing scheme by the respondent-Board was introduced only during 2007 and therefore, the said benefit cannot be extended to the petitioner and accordingly sought for dismissal of the petition.