AKKAYYAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) Learned counsel for the petitioner submits that the petitioner is the absolute owner of land measuring 1 acre 20 guntas bearing Sy.No.40/P30 situated at Bandikodigehalli Village, Jala Hobli, Bangalore North Taluk. The same was proposed to be acquired by notification under Sec. 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as the 'KIAD Act' for short) on 3/11/2006 and the final notification came to be issued on 7/5/2007. Despite the lapse of several years, the petitioner continuous to be in possession of the property and cultivate the said property. At the same time, respondents have not taken any steps to complete the acquisition proceedings. He therefore submits that the acquisition process was spent itself and as such the same requires to be quashed.

(3.) In this regard, he relies upon the order passed in WP.No.10583/2016 dtd. 1/4/2021, WP.No.22273/2021 dtd. 21/12/2021, WP.Nos.42663- 42667/2017 dtd. 6/10/2017 and the judgment of the Division Bench of this Court in WA.NO.1268/2021 dtd. 17/3/2022 as also WA.No.6387-6390/2017 dtd. 7/3/2018 and submits that the very same acquisition notification has been quashed in respect of the petitioner therein on the very same grounds urged by the learned counsel for the petitioner herein. The order of the Division Bench of this Court has been challenged before the Hon'ble Apex Court in SLP NO.25239/2018 and the same has been dismissed vide order 6/8/2018.