CHINNAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions are heard and disposed of by this common order, as the subject matter of the petitions is common.

(2.) By a notification dated 27-8-2003 issued under Section 3 (1) of the Karnataka Industrial Areas Development Act, 1966 (Hereinafter referred to as 'The KIAD Act', for brevity) the State Government had declared lands, specified thereunder, in and around Attibele Hobli as an industrial area. It was proposed to acquire an extent of 224 acres 33 guntas of land for the purpose of developing the Electronic City IV Stage, located in Veerasandra and Hebbagodi village limits. However, in the notification issued under Section 28(4) of the KIAD Act, dated 14-5-2007, it was restricted to an extent of 118 acres and 8 guntas.

(3.) In view of the acquisition proceedings having gone awryin the respondent authorities continuing to withdraw from acquisition in respect of vast tracts of land originally notified for acquisition and the petitioners having lost faith of any further positive development in the remaining extent of land being allotted to them in the near future, the petitioners contend that with passage of time and the enormous delay in handing over the balance land to the petitioners and in the view of complete absence of provision of infrastructure and amenities, despite payment of development charges in a sum of Rs.9.60 lakh as early as 22.10.2008, the project of the petitioners is rendered unviable and unworkable and therefore seek quashing of the acquisition proceedings and refund of monies paid by them.