Y. LAKSHMINARAYANA, SRI. N. MURALI, SRI C. MANJUNATHA AND SRI DINESH Vs. STATE OF KARNATAKA, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (K.I.A.D.B.) AND THE SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE petitioners have challenged the preliminary notification, dated 10.5.2010 (Annexure -H) and the final notification, dated 6.9.2010 (Annexure -J) issued under Sections 28(1) and 28(4) of the Karnataka Industrial Areas Development Act, 1966 ('KIAD Act' for short) insofar as they pertain to 20 guntas of lands. Sri Jayanna G.R. the learned counsel for the petitioners submits that the petitioners have purchased 20 guntas of land standing at Survey No. 19 of Korandahalli Village, Kasaba Hobli, Malur Taluk on 5.10.2006 from one Sri B. Ramesh Murthy. He submits that the lands in question were converted way back in 1999 itself. He submits that the petitioners have been paying the property tax to the Village Panchayat. Despite all these, the petitioners' names do not figure in the notifications.

(2.) SRI Jayanna submits that as there are natural ways leading to the main road and industrial area, the formation of one more feeder road is not required. He submits that the petitioners have purchased the lands in question for setting up an industrial unit. If the land in question is acquired, it will affect the petitioners' source of livelihood adversely.

(3.) SRI H.T. Narendra Prasad, the learned Additional Government Advocate appearing for the respondent No. 1 submits that the petitioners have not produced any documents to show that the khatha stood in their names as on the date of the issuance of the preliminary notification He submits that the extract of the assessment register produced by the petitioners is only for the purpose of paying the property tax. He submits that the petitioners have not produced the khatha or any supporting documents, which would have entitled them to have their names shown in the notifications.