RAJAMMA AND OTHERS Vs. STATE OF KARNATAKA BY ITS SECRETARY TO GOVT., KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD AND THE SPECIAL LAND ACQUISITION OFFICE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD

JUDGEMENT

(1.) THE petitioners contend that they are the owners of the property bearing Sy. Nos. 56/1, 55/1 and 57/3, measuring 1 Acre 3 Guntas, 0 -12 Guntas and 1 Acre 32 Guntas respectively, situated at Doddthogur village, Belgur Hobli, Bangalore South Taluk. Respondent No. 1 issued a notification dated 21.12.2000 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'KIAD Act') proposing to acquire the lands. Notice was issued to the petitioners on 01.01.2001. Petitioners filed objections as per Annexure -D opposing the acquisition of lands for the reasons stated therein. This was followed by final notification dated 28.02.2004 at Annexure -F. Petitioners are calling in question the validity of the said preliminary and final notifications insofar as the aforesaid lands are concerned.

(2.) RESPONDENT Nos. 2 and 3 have filed their statement of objections opposing the writ petitions. It is contended that the writ petitions have to be dismissed on the ground of delay and laches alone.

(3.) LEARNED counsel for the petitioners would contend that the lands in question are the agricultural lands. Petitioners are solely depending on those lands for their livelihood. They are living in an ancestral house built on the said land. They are cultivating ragi crops and out of the said lands they are making their living. It is argued that respondent No. 3 has not considered the objections nor were the petitioners granted an opportunity of being heard as provided under Section 28(3) of the KIAD Act. The order at Annexure 'R2' has been passed by respondent No. 3 in violation of the principles of natural justice.