LAWS(KAR)-2013-12-422

SRI. DEVARAJU, SRI. GEORGE K.A. AND SRI. ISHWAR SINCE DEAD BY HIS LEGAL REPRESENTATIVES (SMT. DHANALAKSHMI, SRI. CHANDRASHEKHAR E., SMT. ELUMA SEVI AND SMT. NEELAMANI) Vs. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY AND ORS.

Decided On December 11, 2013
Sri. Devaraju, Sri. George K.A. And Sri. Ishwar Since Dead By His Legal Representatives (Smt. Dhanalakshmi, Sri. Chandrashekhar E., Smt. Eluma Sevi And Smt. Neelamani) Appellant
V/S
The State Of Karnataka, Represented By Its Chief Secretary And Ors. Respondents

JUDGEMENT

(1.) THESE petitions are heard and disposed of by this common order having regard to the common grounds of challenge on the basis of which the petitions are filed.

(2.) IT is stated that certain lands in the vicinity of the above lands were proposed to be acquired under a preliminary notification dated 5.5.1995 and a final notification dated 18.12.1996. The lands of the petitioners were not included in the said notifications. It transpires that there was a subsequent notification under Section 4(1) of the LA Act dated 29.1.2007 and a final declaration dated 11.1.2008, in which the lands were included. The petitioners claim to be unaware of such inclusion.

(3.) IT is further contended that the area has been declared as an "industrial area" under the provisions of the Karnataka Industrial Area Development Act, 1966 (Hereinafter referred to as the 'KIAD Act', for brevity) and when once it is so declared, the same is not capable of being acquired for residential purposes.