L. VENKATESH AND OTHERS Vs. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE AND ANOTHER

JUDGEMENT

(1.) PETITIONERS were the owners of land bearing Sy. No. 78 of Arehalli Village in Doddaballapur Taluk totally measuring 12 acres 6 guntas.

(2.) THE case of the petitioners is that large extent of land has been acquired by the State Government for the benefit of the Karnataka Industrial Area Development Board (for short, 'the KIADB') for industrial purpose including the land of the petitioners. Notification under Section 28(1) of the Karnataka Industrial Area Development Act (for short, 'the Act') was issued on 22.05.2005, followed by the final declaration issued under Section 28(4) of the Act on 01.03.2005. Petitioners had earlier approached this Court challenging the acquisition proceedings by filing W.P. No. 1 1327/2006. In the said writ petition, petitioners had made it clear that they had no objection for acquisition of land for industrial purpose, but their grievance was only directed against the respondent not leaving adequate space in between the industrial plots and the village consisting of dwelling houses, so as to ensure that the industries do not cause pollution of all kinds. The said writ petition was disposed on 19.12.2007 with a direction to the respondents to consider the representation made by the petitioners to leave adequate space of 100 meters. between the village boundary and the industries to be set up.

(3.) ON going through the previous litigation instituted by the petitioners, it emerges that challenge made to the acquisition has been negatived and certain observations are made by this Court to ensure that establishment of industries in the vicinity of the village should not lead to pollution and health hazard.