SPECIAL LAND ACQUISITION OFFICER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal takes an exception to the order dtd. 9/11/2012 passed by the learned Single Judge, by which the writ petition preferred by the respondent has been allowed and the State Government is directed to consider the case of the respondent for deletion of the land from the acquisition proceedings under the provisions of the Karnataka Industrial Areas Development Act, 1966 (for short, 'the Act').

(2.) Facts giving rise to the filing of this appeal briefly stated are, that the State Government had issued a preliminary notification under Sec. 28(1) of the Act for acquisition of the lands situated at Govenahalli, Nelamangala Taluk, measuring 18 acres 33 guntas. The aforesaid notification included the land belonging to the respondent measuring 3 acres 30 guntas of Sy. No.16 situated at Govenahalli, Nelamangala Taluk.

(3.) Out of the aforesaid lands, the owners of the lands measuring 15 acres 3 guntas voluntarily handed over the possession of the lands to Karnataka Industrial Areas Development Board (for short, 'KIADB'). However, the respondent who was the owner of land measuring 3 acres 30 guntas objected to the acquisition of the land. Thereupon, a notice dtd. 21/5/2004 was issued to the respondent under Sec. 28(2) of the Act. The Land Acquisition Officer passed the order under Sec. 28(3) of the Act on 25/6/2004. The State Government, thereafter, issued the final notification under Sec. 28(4) of the Act on 26/7/2004. The possession of the land was taken on 18/8/2004.