SIDDEGOWDA Vs. KARNATAKA INDUSTRIAL DEVELOPMENT BOARD

JUDGEMENT

(1.) This intra court appeal has been filed by the unsuccessful petitioner assailing the order dtd. 24/5/2012 passed by the learned Single Judge of this Court in W.P.No.26862/2009.

(2.) Heard the learned counsel appearing for the parties.

(3.) Brief facts of the case as revealed from the record which are relevant for the purpose of disposal of this appeal are, the appellants herein claim to be the owners in possession of the lands bearing survey No.106/3 and survey No.106/4 of Mogarahalli Village and survey No.136/1 and survey No.136/2 of Anaganahalli Village, Srirangapatna Taluk, Mandya District. The said lands were notified for acquisition by the Karnataka Industrial Areas Development Board (hereinafter referred to as "the Board") and preliminary notification under Sec. 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as "Act of 1966") was issued on 7/12/2005 and the final notification under Sec. 28(4) of the Act of 1966 was issued on 31/8/2006 in respect of 168 acres 26 1/2 guntas of land in Mogarahalli Village and 22 acres 19 guntas of land in Anaganahalli Village and thereby totally land measuring 191 acres 5 1/2 guntas, which included the lands in dispute were notified by the Board for the purpose of acquisition. The respondent No.2 was allotted an extent of 109 acres of land out of notified lands. W.P.No.26826/2009 and 30235-30237 of 2009 were filed by the appellants challenging the final notification issued by the Board insofar it relates to the aforesaid four items of lands in dispute. The Board had filed its statement of objections and opposed the prayer made in the writ petition. The learned Single Judge vide the order impugned has dismissed the writ petition and being aggrieved by the same, the appellants are before this Court.