THE SPECIAL LAND ACQUISITON OFFICER Vs. VANKATESHAPPA

JUDGEMENT

(1.) The Special Land Acquisition Officer, KIADB [Karnataka Industrial Area Development Board] has presented this petition challenging the common order dated November 30, 2015 in W.P. No.17836/2013 and W.Ps. No.19607-19608/2013.

(2.) We have heard Shri. B.B. Patil, learned Advocate for appellant, Shri. K. Shashi Kiran Shetty, learned Senior Advocate for respondents No. 1 to 4 and Shri. Bhojegouda T.Koller, learned AGA for respondents No. 5 and 6.

(3.) Brief facts of the case are, respondents approached this Court with the instant writ petitions contending inter alia that they are the joint owners of properties measuring 5 acres 29 guntas in Sy. No.46; 5 acre 17 guntas in Sy. No.48; and 5 acres 29 guntas in Sy. No.52 of Jakkasandra village, Malur Taluk, Kolar District. A preliminary Notification dated March 13, 2012, was issued by the State Government proposing to acquire the said lands for KIADB. Land owners filed their objections stating that 4 acres each in Sy. No.46 and Sy. No.52, were permitted to be diverted for nonagricultural purpose by the Deputy Commissioner vide order dated August 13, 2007 and they had established a brick industry. It was also stated in the objections that there were residential houses and other buildings in Sy. No.48.