GANAPATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is challenging the notifications issued under Sec. 28(4) of the KIADB Act, by which the land bearing Sy.No.161/2 measuring 4 acres is sought to be acquired as being needed for the formation of an industrial area.

(2.) Learned counsel for the petitioner submits that the name of the petitioner had been shown as khatedar both in the notification under Sec. 28(1) and the declaration under Sec. 28(4) and yet the petitioner was never served with a show cause notice and consequentially could not file his objections to oppose the acquisition.

(3.) Learned counsel submits that the issuance of notice to the owner and all the persons known or believed to have an interest in the land, to show cause as to why the lands should not be acquired is mandatory and since the same has not been complied, the notification cannot be sustained.