TULASAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In both these cases petitioners are knocking at the doors of the Writ Court seeking to lay a challenge to the acquisition of their lands under the provisions of Sec. 28 of the Karnataka Industrial Areas Development Act, 1966.

(2.) Learned counsel appearing for the Petitioners fairly submits that the subject lands having been acquired pursuant to Preliminary Notification dtd. 1/12/2009 issued u/s 28(1) followed by Final Notification dtd. 23/7/2010 issued u/s 28(4) of the 1966 Act, the lands have vested in the State in the light of decision of the Division Bench of this Court in W.P.No.17600/2004 between NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED vs. STATE OF KARNATAKA , disposed off on 15/6/2011.

(3.) Learned counsel appearing for the petitioners fairly enough concedes that possession of property is also taken and therefore, notwithstanding some arguable illegalities in the acquisition process, his clients would be satisfied if relief as has been granted to litigants in W.P.No.61426/ 2016 M.V.GURUPRASAD vs. STATE OF KARNATAKA disposed off on 10/2/2023 is granted herein as well. He points out that the benefit of the said decision should avail to his clients even if the compensation amount were to be deposited in the court in the absence of award notice/deposit notice to the khatedars. This court shares this view.